KANTI Vs. STATE

JUDGEMENT

(1.) BY way of this petition U/S 482 Cr.P.C. the petitioner has sought the relief for setting aside the order dated 11.5.2007, passed by Judicial Magistrate, Haridwar, in case crime No., 90/2007, State Vs. Raju U/S 60/72 of Excise Act and the order dated 7.7.2007 passed by Sessions Judge Haridwar, in criminal revision No. 211/2007 Smt. Kanti Devi Vs. State of Uttarakhand.

(2.) BRIEF facts of the case are that the first information report was lodged against Mr. Raju, who is the husband of the petitioner U/S 60/72 of Excise Act with the allegation that Raju was carrying illicit liquor in the vehicle in question. The vehicle was also seized by the Police. The petitioner thereafter moved an application for release of the vehicle but the same was rejected by the Judicial Magistrate. Thereafter the petitioner preferred the revision which was also dismissed. Now the petitioner has preferred this application before this court or release of the vehicle.

(3.) THE respondent/State has filed the counter affidavit in this case denying the averments made in the petition and pleaded that the vehicle was seized by the Police as the same was carrying illicit liquor.