2017 (4) TMI 367

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Shri Satya Prakash Tripathy, Sr. SC and Satya Vrat, Advocate, for the Respondent. JUDGMENT [Judgment per : I.A. Ansari, C.J. (Oral)]. - By means of this writ application made under Article 226 of the Constitution, the petitioner, who is proprietor of New Jai Bajrang Bali Transport Corporation, seeks appropriate writ(s) directing the respondent Nos. 2 and 3, namely, the Deputy Commissione....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed, the same is, admittedly, in the custody of the respondents. 5. To a query made by this Court, Mr. Tripathy, learned counsel for the Union of India, could not submit if any confiscation proceeding has been started against the petitioner's truck. This apart, it is the grievance of the petitioner, as per Mrs. Nivedita Nirvikar, that the petitioner has, now, been summoned to give his state....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....from the above discussion is that there is no bar for the vehicle to be released in interim custody of the petitioner if confiscation proceeding is pending. The power, however, to release the vehicle, in question, provisionally, can be exercised only by the Customs Officer. 9. In the case at hand, since there is nothing on record to show that the vehicle, in question, will not be produced ....