BHASHKAR GARG Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present civil revision under Section 115 of Code of Civil Procedure, 1908 (hereinafter referred to as 'C.P.C.') is directed against the impugned judgment and order dated 16.05.2016 passed by District Magistrate, Nainital in Case No. 51/13 of 2013-14 "State Vs. Jeet Singh Negi and another", whereby the vehicle (Pickup) bearing registration No. U.K. 04 C.A. 8082 of the revisionist has been seized in favour of the State Government as also judgment and order dated 18.06.2019 passed by 1st Additional District Judge, Nainital in Misc. Civil Appeal No. 14/2016 "Bhashkar Garg Vs. State of Uttarakhand", whereby Misc. Civil Appeal preferred by the revisionist against the judgment and order dated 16.05.2016 has been dismissed and confirmed the judgment dated 18.06.2019.

(2.) Brief facts of the case are that revisionist is the owner of vehicle (Pickup) no. U.K. 04 C.A. 8082. On 21.04.2015, during checking of the said vehicle, at Bareilly Road, Haldwani, the police officials found that the vehicle was loaded with 12 boxes of country made liquor, in which a total number of 576 quarters were recovered. Thereafter, the vehicle was seized by the police and an F.I.R. No. 56/15 under Section 60/72 of Excise Act was lodged against Bhashkar Garg-revisionist, owner of the said vehicle. The revisionist moved an application before the District Magistrate, Nainital with the prayer that his vehicle for auction seized by the police be released in his favour. The District Magistrate, Nainital vide judgment and order dated 16.05.2016 rejected the application of the revisionist and forfeited the vehicle in favour of the State Government. The District Magistrate, Nainital directed the Station House Officer, Haldwani to produce the vehicle for auction before the Sub Divisional Magistrate, Haldwani District Nainital, who shall assess the market value of the vehicle, the vehicle be then auctioned and they shall deposit the amount received by auctioning the vehicle with the State Government. Thereafter, the Sub Divisional Magistrate shall inform the District Magistare and furnish a copy of the challan within one month from receipt of the order.

(3.) Feeling aggrieved by the order dated 16.05.2016, the revisionist (owner of the said vehicle) filed a Misc. Civil Appeal No. 14 of 2016 titled as "Bhaskar Garg Vs. State of Uttarakhand". The 1st Additional District Judge, Nainital by its judgment and order dated 18.06.2019 dismissed the aforesaid appeal affirmed the order dated 16.05.2016. Feeling aggrieved by the judgment and order dated 18.06.2019, present civil revision has been filed by the revisionist.