Court grants partial relief in car and cash seizure case, orders release with conditions.

The Court granted partial relief to the petitioner in the case involving the seizure of a car and cash. The Court ordered the release of the petitioner's car subject to conditions such as providing a bank guarantee, executing a bond, and maintaining the car in good condition. The seized cash's fate will be decided later. The writ petition was disposed of with conditions, and the connected miscellaneous petition was closed without costs.

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Issues involved:
The petition to quash the order rejecting the request to return a seized car and cash.

Details of the judgment:
The petitioner argued that they were not served with Mahazar when the car and cash were seized, and they are willing to cooperate for further proceedings. The petitioner also highlighted that retaining the car serves no useful purpose as it may rust and depreciate if not used. The petitioner expressed readiness to provide any required bond or securities for the release of the car.

The Senior Panel Counsel for the second and third respondents contended that the writ petition is premature as the investigation is ongoing. It was stated that the car was allegedly used for smuggling gold, and the petitioner was involved in facilitating the offense, justifying the seizure and potential confiscation under the Customs Act, 1962.

After considering arguments from both sides, the Court decided to grant partial relief to the petitioner. The Court ordered the release of the petitioner's car, subject to certain conditions. These conditions include furnishing a bank guarantee, executing a bond for potential fines and penalties, providing an undertaking not to sell or encumber the car without informing the authorities, registering a charge with the Regional Transport Office, and maintaining the car in good condition with renewed insurance.

Upon compliance with the specified conditions, the car will be provisionally released within three days. The fate of the seized cash will be determined after the adjudication of the proceedings. The writ petition was disposed of with the mentioned conditions, and the connected miscellaneous petition was closed without any costs being imposed.

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