Court No. - 37 Case :- WRIT TAX No. - 558 of 2008 Petitioner :- Santokh Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Jaiswal Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Hon’ble Bala Krishna Narayana,J.
From the factual position it appears to us that before the seizure memo dated
10.3.2008 a draft of Rs. 5,000/- was prepared by the petitioner on 26.11.2007
and according to the petitioner, the same has been produced but has not been
acknowledged. We have called upon the standing counsel for the purpose of
giving answer but according to him similar order as passed by other Division
Bench can be passed. We are convinced by the order of Division Bench which
is required to be passed in such situation but we do not find any reason as to
why the matter should be kept pending unnecessarily. On the basis of
submissions as made by the parties and the view that the following order be
passed and accordingly it is passed:
A bank draft issued by the State Bank of India dated 26.11.2007 for Rs.
5,000/- is in possession of respondent no. 2 having been handed over by the
driver of the vehicle No. NL02A-9722 towards the requisite payment for the
aforesaid vehicle transiting within the State of U.P., the same may be
encashed by respondent no. 2 and after such an encashment the said vehicle
will not be continued to be detained merely on the ground that the said draft
had not been deposited by the driver before the vehicle crossed the Entry
Check Post within the State of U.P.
We make it clear that our order is restricted only with regard to aforesaid
ground and if the vehicle is seized on any other ground, it will not come in the
way.
The writ petition is disposed of accordingly.
Order Date :- 4.1.2010
R.C.