KHURSHEED Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed against the order dated 7.10.2013 passed by Additional Chief Judicial Magistrate, Court No.10, Agra in Misc. Case No.Nil of 2013 (State vs. Vikram and others) arising out of Case Crime No.140 of 2013 u/s 60/63 Excise Act, P.S. Malpura, District Agra, whereby the release application moved by the revisionist was rejected.

(2.) Brief facts of the case are that on 4.5.2013 an FIR was lodged by opposite party no.2 Sujat Husain, Sub Inspector, P.S. Malpura, District Agra against three persons, namely, Ashok, Vijay and Vikram with the allegation that they were carrying 10 bags of illegal liquor in Auto No.UP 80 BJ 9647. The aforesaid vehicle Auto was seized by the police and in that regard, charge sheet was also submitted against the accused persons under Section 60/63 Excise Act. Thereafter, the revisionist, who is the registered owner of the vehicle in question, moved an application before the Magistrate concerned for the release of his vehicle. The said application was rejected by the Magistrate concerned on the ground that the said vehicle was seized by the police in connection with some crime and the report of its confiscation has been sent to the office of District Magistrate concerned. Hence, this revision has been filed.

(3.) Heard learned counsel for the revisionist as well as learned AGA for the State and perused the record.