SABNAM Vs. NCT OF DELHI

JUDGEMENT

(1.) <DJG>S.K.Agarwal</DJG> This petition under Sections 397/401 of the Code of Criminal Procedure, 1973 is directed against order dated 28/04/2000 passed by the Court of Metropolitan Magistrate, Delhi declining to release vehicle No.HYH 849 to the petitioner, in case FIR No.543/99 seized under Section 61 of the Punjab Excise Act, 1914 (for short 'the Act"), P.S.Saraswati Vihar.

(2.) Briefly stated the facts are: that on 14/08/1999, Police of P.S.Saraswati Vihar stopped and checked Gypsy No.HYH 849; it was found to contain five bags of country-made liquor totalling one thousand pouches; the driver of the vehicle Juglu Ram was arrested; he disclosed that the Gypsy was given to him by the petitioner's husband Hasrat Ali at the border; thereafter he was arrested under Section 25 of the Act; after investigations challan was filed and cognizance was taken. Petitioner moved an application for release of the said vehicle pending final disposal of the case, submitting therein that she is the registered owner of the vehicle; that she is not accused in the case and that she would produce the vehicle as and when required. Police submitted the report, opposing release of the vehicle. The trial court dismissed the application on 28.4.2000 holdings:-

(3.) Learned counsel for the petitioner argued that the case is still pending before the trial court; the vehicle was impounded by the police and is lying at the police station; the applicant is the registered owner of the vehicle; she is not an accused, therefore, she is entitled for release of the vehicle pending final disposal of the case. Learned APP for State argued to the contrary and submitted that the Gypsy was found carrying illicit liquor by the husband of the petitioner, who is also found involved in three earlier excise cases and under clause (e) of sub-Section (1) of Section 78 of the Act, the Gypsy is liable for confiscation. Therefore, the petitioner is not entitled to the same.