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TMI Blog2018 (11) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to immediately release the vehicle in question along with all the goods to the petitioner within 24 hours of production of a certified copy of this order - petition disposed off. - Civil Writ Jurisdiction Case No. 3556 of 2018 - - - Dated:- 3-8-2018 - Rajendra Menon, CJ and Rajeev Ranjan Prasad, J. Shri Rajesh Ranjan and Shakti Suman Kumar, Advocates, for the Petitioner. Shri Manish Dhari Singh, AC to AG, S.D. Sanjay, Additional SG and Anshay Bahadur Mathur, CGC, for the Respondent. JUDGMENT [Judgment per : Rajendra Menon, CJ (Oral)]. - Seeking release of a vehicle (Mahindra Pick Up Van) seized by the authorities of Basopatti Police Station, District - Madhubani bearing Registration No. BR-07-GA 2976 in connection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d this Court that they are not at all aware of any such case, seizure being made or offence committed, as is indicated in petition or in the return filed by the Collector and the police authorities. 4. On proper instruction and on a clarification sought by this Court on two occasions, counsel representing the Customs Department plead their ignorance with regard to any such case being registered or intimation received by them with regard to any such offence committed. 5. That being so, it is a fit case where the power has been exercised by the police authorities under the Customs Act and the Foreign Trade (Development and Regulation) Act, 1992 and admittedly the police authorities and the local Government does not have any power under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illegal seizure if any damage has been caused to the petitioner either to the vehicle or the goods seized, the petitioner will have liberty to seek damages and compensation from the authorities by taking recourse to such procedure as may be permissible under law. 8. As far as taking action on account of offence under Section 414 of I.P.C. is concerned, the said offence pertains to concealing or disposing of or making away with property which a person knows to be a stolen property. No case from the material available on record is made out to show existence of any ingredients which remotely makes an offence under Section 414 of I.P.C. and, therefore, it is a case where an illegal action has been taken by the police authorities for seizure ..... X X X X Extracts X X X X X X X X Extracts X X X X
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