SANDEEP RAWAT Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) (Oral) - By means of present application under Sec. 482 Crimial P.C., the applicant seeks to quash the order dated 06.05.2016 passed by the Judicial Magistrate 2nd, Dehradun in Misc. Release Application and the order dated 10.06.2016 passed by the 3rd Additional Sessions Judge, Dehradun in Criminal Revision No. 102 of 2016, whereby the prayer of the applicant to release 1000 cartons of Bacardi Rum (alcoholic spirit) in favour of Bacardi India Pvt. Ltd was dismissed. It is further prayed by the applicant to release the seized liquor in favour of applicant.

(2.) Brief facts of the case are that a consignment of 1000 cartons of Bacardi Rum (alcoholic spirit) was loaded in a truck vehicle bearing its registration no. UP17-A-3747 from the factory of Bacardi India Pvt. Ltd., Bazpur Road, Kashipur, Udham Singh Nagar and it was to be unloaded at Krishi Utpadan Mandi Parishad, Kunwawala, Dehradun. But, the same could not be unloaded at the destination and the driver of truck proceeded further along with the vehicle and cartons and reached in the jurisdiction of Vasant Vihar police station, where the truck was stationed and the driver went to one of his relative house. In the meanwhile, the police seized the vehicle, as also the cartons containing Bacardi Rum.

(3.) Whereas the truck has been released in favour of its registered owner and the driver has already been granted bail, 1000 cartons of Bacardi Rum are still lying with the police station, Vasant Vihar, Dehradun. The applicant seeks to release the same in his favour. It is the submission of learned counsel for the applicant that he is an authorised agent of Bacardi India Ltd. and is having all relevant documents to show that he is the owner of alleged 1000 cartons of Bacardi Rum. It is further argued on behalf of the applicant that the driver of the vehicle in question was challaned under Section 60/72 of the U.P. Excise Act (hereinafter referred to as the 'Act') and no case was registered against the present applicant, who is said to be an authorised agent on behalf of Bacardi India Ltd.