SHANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been preferred seeking a review of the judgment and order dated 18/12/2018 passed in CWJC No. 12014 of 2018. Earlier this petitioner had preferred CWJC No. 12014 of 2018 seeking a direction to the respondents to provisionally release the vehicle (Pick-up Van) bearing registration no. BR01GD 7018, Chassis No. MAT524005ESC01280, Engine No. 497-SPTC43CVY609188 seized in connection with Saur Bazar P.S. Case No. 216 of 2018 dated 16.04.2018 registered for the offence under Sec. 30 (a) of the Bihar Prohibition and Excise Act, 2016.While disposing of the writ application, the Hon'ble Division Bench of this Court issued the following directions :-

(2.) The release shall be allowed within a period of 7 days from the date of submission of the sureties along with a Bank Guarantee and the undertakings as stated above. This would, however, be subject to the final order passed in confiscation proceeding."

(3.) Learned counsel for the petitioner submits that in fact the vehicle is lying under the open sky since 18.04.2018 in front of the Police Station and over the period it has lost it's road worthiness and there has been erosion of its value to a great extent. According to him, presently the vehicle would not be valued for more than Rs. 50,000.00.