KHEM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a criminal revision against the order and judgment dated 23.8.1994 passed by Sessions Judge, Lalitpur in Criminal Misc. no. 37 of 1994 whereby the appeal against the order of the learned magistrate refusing release of the Jeep in favour of the applicant has been rejected. I have heard learned counsel for the applicant Sri Sudama Jighandilya and the learned A.G.A. I have perused the record as well as the impugned order. Learned counsel for the applicant has contended that the Jeep bearing no. UP-90/A 2068 belonged to the applicant who has not been named in the F.I.R. and against whom no evidence has been alleged. In support of his contention he has invited my attention to a decision of this Court in Criminal Revision No. 860 of 1992 Jai Prakash Sharma v. State of U.P. I find that there is no dispute in the ownership of Jeep No. UP-93/A 2068 which belongs to the applicant who is a registered owner thereof. The applicant has not been named in the F.I.R. lodged under Section 60 of the Excise Act. There is no legal bar to the release of the Jeep in favour of the registered owner thereof. The subject matter of the commission of the offence under sections 72 and 73 of the Excise Act consists of the liquor bottles being carried in the Jeep. Learned counsel for the applicant has submitted that the revisionist has not yet been served with any notice by the District Magistrate regarding the confiscation proceedings. It seems that he is not a party even to confiscation proceedings. The matter is still under investigation. The Jeep lying at the police station, if not released, will get damaged ruined and dusted and will ultimately be unserviceable or unsaleble for obvious reasons. The applicant is, ready to give security and undertaking to produce the Jeep either before the Investigating Officer or before the court as and when, required. In view of the above noted facts and circumstances, I am of the opinion that the Jeep shall be released in favour of the applicant during investigation. The impugned order passed by the learned Sessions Judge from incorrectness and impropriety. Therefore, this revision is allowed and the impugned order is hereby set aside. It is hereby directed that Jeep no. UP-93/A 2068 shall be released in favour of the applicant on his furnishing such security and undertaking as may be required by the learned Chief Judicial Magistrate, Laliput within a period of seven days from the date of this order. Revision allowed.