RAJENDRA KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) BY the present writ petition the petitioner has prayed for a writ of certiorari quashing the judgment and order dated 13 -3 -2002 passed by the Addl. District Judge, Pauri Garhwal.

(3.) BRIEF facts giving rise to the present writ petition are that a F.I.R. was lodged by the Station House Officer, P.S. Kotdwar, District Pauri Garhwal on 7 -8 -99 against six accused persons for an offence under section 147, 148, 149 and 307 I.P.C. read with section 60/72 Excise Act, Section 3(1) of the Gangster Act as well as under sec. 25 of Arms Act. In pursuance of the report dated 14 -9 -99 submitted by SHO, P.S. Kotdwar, the Collector issued a show cause notice to the petitioner under section 72 (5) of Excise Act. However, on the objection by the petitioner the notice was recalled and a fresh notice was issued and served upon the petitioner. Thereafter case was proceeded under section 72(5) of the Excise Act, against the petitioner and the Collector passed an order on 26 -6 -2000 by which the vehicle of the petitioner was confiscated. The petitioner has preferred an appeal before the District Judge, Pauri Garhwal. The appeal was admitted by the District Judge, Pauri Garhwal and transferred the same to the Additional District Judge, Pauri Garhwal. The Addl. District Judge has allowed the appeal and set aside the confiscation of the vehicle and remanded back the matter. The petitioner has referred the notification dated 4 -6 -1978 by which appellate jurisdiction has been entrusted to the District Judge. The notification reads as under: "In exercise of the powers under sub section (7) of Section 72 of U.P. Excise Act, 1910 (V.P. Act No. IV of 1910) the Government is pleased to appoint District Judge as the appellate judicial authority in respect of the order of the confiscation passed by the Collector under sub section (2) of sub section (6) of section 72 of the said Act."