IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1066 of 2009 SOHAL SINGH, S/O DEEP SINGH SAMBHU, R/O PIMPLE BAZAR, ARDHAPUR, P.S.- WAZIRABAD, DISTT.- NANDED, MAHARASTRA ---Petitioner VERSUS UNION OF INDIA THROUGH THE INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, MUZAFFARPUR ---Respondent ----------- 8. 3.8.2011 Heard learned counsel for the petitioner and the respondent-Union of India. This matter was heard on several dates. However, today the learned counsel for the petitioner has produced the certified copy of the order dated 7th of July, 2011 passed by the Hon’ble Supreme Court of India in Criminal Appeal No.1318 of 2011 arising out of SLP (Crl) No.7207/2010. Xerox copy of the certified copy of the said order has been kept on the record. Learned counsel appearing for the petitioner submits that with respect to the release of the truck in question, this Court should direct for release of the vehicle, subject to furnishing Bank guarantee to the satisfaction of the Presiding Officer, Special Court, Economic Offences, Muzaffarpur in the light of the aforesaid order of the Supreme Court. Ms Nivedita Nirvikar, learned counsel appearing for the respondent-Union of India submits that the aforesaid order of the Hon’ble Supreme Court does not mention that the provisions of section 110A of the Customs Act, which is the Special Act, has - 2 - been declared ultra vires. The submission of the learned counsel appearing of the Union of India being irrelevant in the present context and, as such, rejected. Considering the submissions of the petitioner, let the truck bearing Registration No.MH-26H-7612; Sohal Singh, E- No.B5-91452080B62648225, C-No.426031BRZ709039, be released in favour of the petitioner, subject to furnishing Bank guarantee to the satisfaction of the Presiding Officer, Special Court, Economic Offences, Muzaffarpur in connection with D.R.I. Case No.10 of 2009. However, the concerned authority is not precluded from taking confiscation proceedings, if any, in accordance with law. The writ application stands disposed of. Let this order be communicated to the court of the Presiding Officer, Special Court, Economic Offences, Muzaffarpur in connection with D.R.I. Case No.10 of 2009 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)