9911796707
TMI Blog2024 (9) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... The purpose of seeking surety while releasing the same on Superdari is only to ensure that the vehicle is produced before the learned Trial Court as and when directed. In SUNDERBHAI AMBALAL DESAI VERSUS STATE OF GUJARAT [ 2002 (10) TMI 773 - SUPREME COURT ], the Supreme Court directed that where a vehicle is seized, it is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. It held that it is of no use to keep such vehicles seized at the police stations for a long period. In the facts of the present case, there is no opposition to the release of the vehicle in question on Superdari to the petitioner. The only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is the case of the respondents that Bus bearing no. DL-1PC- 6188 owned by the petitioner was apprehended and seized by the police officials of Police Station: Alipur, Delhi near Singhu Border carrying 54 cartons having 372 bottles, 72 halfs, and 96 quarters of illicit liquor concealed in the hollow partition in the base of the bus. FIR No.466/2020 was registered at Police Station: Alipur, Delhi under Sections 33/58(d) of the Delhi Excise Act, 2009 (in short, Act ). 3. The petitioner herein filed an application seeking release of the vehicle, stating therein that the vehicle is the main source of his livelihood and he had taken a loan and is paying monthly instalments to the bank. The said representation was disposed of by the Assistant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. She submits that the conditions as imposed by the Financial Commissioner, are reasonable and do not deserve any interference from this Court. She submits that, in fact, the vehicle is liable to be confiscated under Section 59 of the Act. 8. The learned counsel for the respondents has also handed over a copy of the Status Report. Let the same be taken on record. 9. I have considered the submissions made by the learned counsels for the parties. 10. As noted hereinabove, the petitioner is facing the prosecution under Section 52(2) of the Act. The issue before this Court is not to determine the merits of that prosecution but only to consider whether the vehicle in question can be released on Superdari to the petitioner, and if so, on what ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
