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2009 (10) TMI 865 - PUNJAB AND HARYANA HIGH COURTRelease of vehicles and goods detained by respondent No. 2 on the intervening night of 3/4 September, 2009 demanded as the petitioners have already furnished the bank guarantees and cash securities as demanded by respondent No. 2, Excise and Taxation Officer (Mobile Wing), Chandigarh and who has passed the release orders also. Held that:- The present petition lacks merit and deserves to be dismissed. No doubt, the petitioners have furnished the requisite bank guarantee and cash securities under the provisions of the VAT Act. However, in view of registration of an FIR No. 363 dated September 8, 2009 (annexure P/4) against the petitioners, before the release of the goods detained under the provisions of the VAT Act, the release order dated September 8, 2009 (annexure P/3) passed by respondent No. 2 will only facilitate the petitioners to get their vehicles released under the provisions of VAT Act but will not help the petitioners to get their vehicles released for committing alleged offences under sections 420/465/467/468/471 and 120B IPC as that is a separate cause of action and the only remedy available to the petitioners is to get their vehicles released under the provisions of section 451 of the Cr. P.C. Since the vehicles and the goods are case property in the aforesaid FIR, the appropriate remedy for the petitioners would be to move an application before the appropriate court to seek release of the vehicles/goods on superdari and it would not be appropriate for this court to order release of the goods in the present petition filed under articles 226/227 of the Constitution.
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