GANESH ATWAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this petition the petitioner has challenged the order, dated 9.1.2003 passed by Judicial Magistrate, Ranikhet, district Almora by which his application for release of Maruti Van No. UP 01/3119 has been rejected and order dated 5.2.2003 whereby the Sessions Judge, Almora has dismissed the revision filed by the petitioner.

(2.) BRIEF facts of the case are that on 28.12.2002 the police of PS. Ranikhet checked the said vehicle and illicit liquor was found therein and the vehicle was seized. A case under Section 72 of the Ex­cise Act was registered. The District Mag­istrate has confiscated the vehicle to the Government. The petitioner moved an ap­plication in the Court of Judicial Magis­trate, Ranikhet which was rejected by him vide order, dated 9.1.2003. Learned Ses­sions Judge Almora also dismissed the revision filed by the petitioner against the said order, vide order dated 5.2.2003.

(3.) THE petition is allowed. The judicial Magistrate, Ranikhet will release Maruti Van No. UP01/3119 in favour of regis­tered owner of the vehicle on furnishing one surety of Rs. 50,000.00 and on giv­ing undertaking that the vehicle would be produced in the case as and when re­quired by the court. The application is ac­cordingly disposed of finally. Petition allowed.