MOHD AFJAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition has been filed by the petitioner seeking the following relief:

(2.) Brief facts, of the case, are that petitioner is running a Brick Kiln Industry at Village Jainpur Jhanjheri, P.S. Kotwali Manglaur, District Haridwar, who used to engage several agricultural equipment including tractor and J.C. B. for procurement of raw material. Petitioner has owing J.C.B Machine, registration No. UK08CA6353 dated 22.01.2016. Respondent no. 6 seized the aforementioned J.C.B. while engaged in procurement of raw material on 01.03.2017. Thereafter, petitioner submitted release application before the respondent no. 5. Thereafter, respondent no. 5 accepting the compounding fee directed the respondent no. 6 to release the aforementioned J.C.B. vide release order dated 03.03.2017. By the said order respondent no. 6 was directed to release the J.C.B., if it is not required in any other offence. The petitioner has submitted the order of the respondent no. 5 before the respondent no. 6, but he has not released the J.C.B.

(3.) Learned counsel for the petitioner submitted that once the respondent no. 5 passed the order for release of J.C.B., the respondent no. 6 is bound to release the same.