Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
BIBEK CHAUDHURI
Shankar Yadav – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. judgment involves multiple petitions. (Para 1) |
| 2. petitioners seek release of seized vehicles. (Para 2 , 3 , 7) |
| 3. seizures based on alleged illegal activities. (Para 4 , 5 , 8 , 12) |
| 4. petitioners challenge rejection of vehicle release. (Para 6 , 11) |
| 5. writs are revisable under criminal procedure. (Para 13) |
| 6. law applicable on vehicle release criteria. (Para 14 , 19) |
| 7. conditions for releasing vehicles not involved in committed crimes. (Para 18) |
| 8. court's determination on vehicle release. (Para 20 , 21) |
| 9. verification of legal consignment required. (Para 22 , 23) |
| 10. vehicle release justified to prevent depreciation. (Para 24 , 25) |
| 11. final order on vehicle release. (Para 26) |
JUDGMENT :
BIBEK CHAUDHURI, J.
1. The above-mentioned writ petitions involve the same fact and question of law; therefore, the aforesaid writ petitions are taken up together for hearing and being disposed of by a common judgment.
Cr. W.J.C. No. 433 of 2024
2. The petitioner has filed the instant writ petition praying for the issuance of a writ in the nature of certiorari quashing the order dated 24th June 2023 passed by the learned Additional Sessions Judge, Sherghati, Gaya, in Sessions Trial No. 50
Vehicles seized in criminal investigations may be released if the owners are not implicated in the crime, provided they execute a bond ensuring proper care and appearance when required.
The main legal point established in the judgment is the power of the Mining Engineer to seize the vehicle and the authority of the concerned Magistrate to release the seized vehicle under certain con....
The concerned Magistrate has the power to release the vehicle under Sections 457 Cr.P.C. unless the goods/vehicle have been confiscated. Prompt exercise of powers under Section 451 Cr.P.C. is importa....
Seized vehicles must be released to owners unless confiscation proceedings are initiated; conditions include deposit of bank guarantees and ensuring no illegal use.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
The main legal point established is that under Section 457 of Cr.P.C., a court may allow the interim release of a seized vehicle with specific conditions, considering the practical problems faced by ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
