VIKKI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicant and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing for the State-opposite party.

(2.) The present application under Section 482 Cr.P.C. has been filed seeking to quash the order dated 08.09.2020 passed by Additional District & Sessions Judge/F.T.C.-1, Deoria in Criminal Revision No. 20 of 2020 (Vikki Vs. State of U.P.) and the order dated 17.1.2020 passed by the Chief Judicial Magistrate, Court No. 17, Deoria in Misc. Application No. 36 of 2020 arising out of Case Crime No. 924 of 2019 under Section 60/63 of the U.P. Excise Act, 1910 (the Excise Act) and 473 IPC, Police Station 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.12-AJ-7586, Engine No. D13 A5636506 and Chassis No. MA3NYFB1SKE553161 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 AllCriC 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 of Criminal Procedure (the Code ) for release of anything seized in connection with an offence purporting to have been committed under the Excise Act.