SATYABHAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner Shri Ashutosh Singh and learned A.G.A. for the State.

(2.) Instant criminal Misc. petition under Article 227 of the Constitution of India has been filed by the petitioner to set aside the order dtd. 30/5/2022 passed by learned District Judge, Mathura in Civil Appeal No. 25 of 2020 (Satyabhan Vs. District Magistrate and another) as well as order dtd. 17/1/2019 passed by Additional District Magistrate (F&R), Mathura in Case No. 01798 of 2018 (Satyabhan Vs. State State) under Sec. 72 U.P. Excise Act, 1910 otherwise petitioner shall suffer irreparable loss. By the impugned order dtd. 17/1/2019, learned A.D.M (F&R) has passed an order of confiscation of the truck bearing registration No. HR 67 B 1888 seized by police under Ss. 60/72 Excise Act under Crime No. 382/2017 under Ss. 420, 120B I.P.C.

(3.) Learned ADM (F&R) has directed auction of said vehicle and sale proceeds be deposited with Government treasury in criminal head, and also given an option to vehicle owner to deposit the current price of vehicle as ascertained by R.T.O.