STATE OF U P Vs. SHASHI BHAN SHUKLA

JUDGEMENT

(1.) R. D. Shukla, J. The petition under Section 482 Cr. PC has been moved by the State of U. P. for setting aside the orders dated 28-5-2001 passed by the C. J. M. Balrampur and the orders dated 1-6-2001 passed by the Sessions Judge Balrampur.

(2.) THE facts necessary for this petition under Section 482 Cr. P. C. are that Forest Department seized a Truck No. U. P. 043b 59/6 along with wood and other articles loaded in it. An application was moved before the C. J. M. Balrampur by the owner of the Truck for its release and the said Magistrate on 28-5- 2001 directed condi tional release of the Truck in question to the respondent. Aggrieved by this order a revision was preferred in the Court of Ses sions Judge Balrampur who on 1-6-2001 passed the following order: head on stay application. THE powers of confiscation have been enforced on 16-4-2001 while application for release was moved on 13-4-2001 when this provision was not in force. Hence the matter of release of truck could be decided by CJM under the provisions of Cr. P. C. By release of truck no irreparable loss is going to be caused to the department. On the other hand the vehicle may deteriorate in this reason. Hence stay of the release order is not proper. Prayer for stay is refused. Notice of revision is given to the opposite party. THE revision shall be heard on 4-6-2001 and summon records of Lower Court. "heard the learned Additional Government Advocate and the learned Counsel for the opposite party.