JAIKAWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Punya Sheel Pandey, learned counsel for the applicant and Sri Pankaj Saxena, learned Additional Government Advocate-I along with Ms. Rachna Tiwari, learned Additional Government Advocate appearing for State-opposite party.

(2.) The present application under Section 482 of the Code of Criminal Procedure [The Code] has been filed seeking to quash the order dated 08.09.2020 passed by the Additional Sessions Judge/F.T.C. Court No.1, Deoria in Criminal Revision No. 21 of 2020 (Jaikawar vs. State of U.P.) and order dated 17.01.2020 passed by the learned Chief Judicial Magistrate, Court No.17, Deoria in Misc. Application No. 37 of 2020, arising out of Case Crime No. 924 of 2019, under Sections 60/63 of Excise Act and Section 473 IPC, P.S. Kotwali, District Deoria.

(3.) The facts as reflected from the records of the case indicate that an application was filed by the applicant herein before the court of Chief Judicial Magistrate seeking release of vehicle bearing Registration No. H.R. 60-J-1553, Engine No. 15CRA1LPYW01221 and Chassis No. MAT627121KLA01882 contending that no recovery of any intoxicant had been made from the vehicle and that the applicant had possessed all the valid papers relating to the vehicle and accordingly a prayer was made for release of the vehicle. The Magistrate rejected the application as being not maintainable by referring to a Division Bench judgment of this Court in Virendra Gupta Vs. State of U.P. 2019 (108) ACC 438, for the proposition that the provisions contained under sub-sections (1) to (4) of Section 72 of the U.P. Excise Act, 1910, clearly denude the Magistrate of his power to pass any order under Section 457 of the Code for release of anything seized in connection with an offence purporting to have been committed under the Excise Act.