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Shashi Bhushan Singh v. State Of U.P. And Others - WRIT - C No. 29247 of 2006 [2006] RD-AH 10226 (24 May 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for quashing the seizure order dated 14th September, 2005 issued by the Forest Range Officer, Dala Range, Sonebhadra A further direction has been sought for releasing the vehicle of the petitioner forthwith subject to such conditions as may be imposed by the Court.

Learned counsel for the petitioner has contended that after the seizure of the vehicle the petitioner had moved an application before the Divisional Forest Officer for release of the vehicle but no orders have been passed. It has, therefore, been submitted by him that the vehicle should be released in view of the decision of the Supreme Court in Ashok Kumar Vs. State of Bihar & Ors, 2000 ALL JIC 742 wherein the Supreme Court ordered that the vehicle should not be kept indefinitely for a long time till the final disposal of the case and should be released subject to certain conditions.

In view of the aforesaid decision, we direct that the vehicle should be released subject to the following conditions:-

(1) He shall execute a bond in a sum of Rs. 1,00,000/- (one lakh) with two solvent sureties to the satisfaction of the Divisional Forest Officer, Sonebhadra.

(2) He must satisfy the Divisional Forest Officer that he is the registered owner of the vehicle.

(3) He shall produce the vehicle either before the Divisional Forest Officer or before such other authorities as he may direct.

(4) He will not transfer the vehicle to anybody else nor possession of the same be parted with until disposal of the case.

Subject to the observations made above, the writ petition is disposed of.




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