POKHARIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present application under Sec. 482 Crimial P.C., the applicant seeks to quash the judgment and order dated 20.02.2017 passed by 1st Additional Sessions Judge, Rishikesh, District Dehradun and order dated 30.01.2017 passed by Additional Chief Judicial Magistrate, Rishikesh in case Crime No. 64 of 2017 (State Vs. Jitendra Pokhariyal).

(2.) During the course of routine checking, some liquor bottles were recovered from the vehicle of the applicant and consequently an F.I.R was lodged against him for the offences punishable under Sec. 60(1)(a) and 72(2) of the Excise Act. The applicant was arrested and his vehicle (I 10 Car) bearing registration no. UK 07AC-2248 was seized by the Police. The applicant was released on bail by the Magistrate concerned. Thereafter, he moved an application before the Magistrate for release of his vehicle, which was seized by the Police. The said application of the applicant was rejected by the Magistrate concerned, vide order dated 30.01.2017. Aggrieved against the same, applicant preferred a revision, which was dismissed by the 1st Additional Sessions Judge, Rishikesh, District Dehradun, vide order dated 20.02017.

(3.) Learned counsel for the applicant has fairly submitted that complete mechanism for confiscation, review, appeal has been provided in Sec. 72 of U.P. Excise Act, 1910 as below: