TMI Blog2017 (4) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... nvolved in the commission of an offence, pending adjudication of a confiscation proceeding, provided that the authorized officer or the Court, as the case may be, is reasonably assured that the vehicle shall be produced by the custodian as and when ordered or required if such situation arise - there is no bar for the vehicle to be released in interim custody of the petitioner if confiscation proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Commissioner of Customs (Preventive), Motihari Division, and the Superintendent of Customs (Preventive), Motihari Division, respectively, to release his truck, bearing registration No. PB-12-J/8749, which had been seized on 29-7-2016, along with Ginger by the respondents aforesaid. The petitioner also seeks release of the seized Ginger . 2. Heard Mrs. Nivedita Nirvikar, learned counsel app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the respondents or the authorities concerned without serving copy of the seizure list. 6. Though it is the duty of the customs officials to maintain the vehicle in the same condition in which it was seized so that the vehicle, in question, can be returned to the person entitled thereto if the confiscation proceeding fails. 7. Logically extended, it will mean that there is no legal imped ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during the confiscation proceeding or as and when, otherwise, required, this Court is of the view that it would have been appropriate to direct provisional release of the truck in favour of the petitioner-appellant pending finalization of the confiscation proceeding. 10. In the result and for the foregoing reasons, this writ petition is allowed and we, in the interest of justice, direct the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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