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TMI Blog2021 (4) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... as the documents relating to purchase of bitumen were found to be valid and genuine. Till date no order has been passed in the aforesaid confiscation proceeding and the truck is lying under the open sky in an uncared manner in the premises of the police station. The truck is exposed to the vagaries of weather and over a period of time the vehicle will be damaged and become a junk. It is well settled that detention of commercial vehicle for a long period in the premises of the police station will not serve any purpose, as it will not only cause loss to the owner but also cause a loss of revenue to the State Exchequer due to non-pliance of the commercial vehicle. The petitioner is at liberty to file an appropriate application, along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods on the truck. It is submitted that the petitioner is the registered owner of the truck which is lying in an uncared manner in the premises of police station, for more than a year. Accordingly, prayer has been made to set aside the order dated 19.06.2020, and to release the truck bearing registration No.BR01GH-0866, in favour of the petitioner 3. Learned A.P.P., while opposing the prayer for release of the truck, has submitted that it would be evident that confiscation proceeding has been initiated under Section 6-A(c) of the E.C. Act, by the Deputy Commissioner and notice of the proceeding has been served upon the petitioner. It is submitted that the petitioner should appear before the competent authority, i.e., the Deputy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k, were ordered to be released as the documents relating to purchase of bitumen were found to be valid and genuine. Now, the question whether in the facts and circumstances the confiscation proceeding could have been initiated under Section 6-A(c) of the E. C. Act, in the absence of violation/ contravention of any order/ notification by the State Authority requires determination by the competent authority before whom the confiscation proceeding is pending. 5. It appears that till date no order has been passed in the aforesaid confiscation proceeding and the truck is lying under the open sky in an uncared manner in the premises of the police station. The truck is exposed to the vagaries of weather and over a period of time the vehicle w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when directed by the court; 7. Before release of the vehicle, the court below shall direct the police to prepare a panchnama and take the photographs of the vehicle. The court below is at liberty to impose any other terms and conditions which it deems fit and proper. 8. It is made clear that this order shall not bar the Deputy Commissioner, Deoghar from proceeding in the confiscation proceeding. The petitioner shall appear and file her reply in the aforesaid confiscation proceeding. The Deputy Commissioner, Deoghar shall decide the matter on its own merit without being prejudiced by this order. 9. With the said direction the impugned order dated 19.06.2020 passed by the court of learned Chief Judicial Magistrate, Deoghar, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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