VIKAS Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner by means of this petition under Article 227 of the Constitution, has assailed the validity of the order dtd. 19/2/2015 passed by District Magistrate, Muzaffarnagar confiscating truck no. HR- 69/6044, as it was found to be involved in commission of an offence under the provisions of the United Provinces Excise Act, 1910[Act]. The order has been passed in exercise of power under Sec. 72 of the Act. The order passed by the District Magistrate Muzaffarnagar has been affirmed by the District Judge, Muzaffarnagar with the dismissal of the appeal, by order dtd. 21/5/2015.

(2.) The facts in brief, are that a first information report was lodged on 18/10/2014 by Sub-Inspector Sri Hari Om Sharma under Ss. 62/72 of the Excise Act and Ss. 420, 467, 468 and 471 IPC, at police Station Bhopa, District Muzaffarnagar. It was alleged that on 18/10/2014 at about 4:30 A.M., a truck (HR-69/3344) was intercepted and wherein, a large consignment of liquor was found loaded. On inquiry from the truck driver, he informed the police personnel that he is transporting the liquor from Haryana and is proceedings towards Bijnor. It is alleged that he was not having license/permit to transport the liquor in such huge quantities. It is further alleged that in the first information report that the registration certificate in possession of the driver was in respect of vehicle bearing registration no. HR69/6044. The driver confessed that the vehicle was being plied by changing the number plate. The truck alongwith the consignment of the liquor was seized by the authorities.

(3.) It seems that thereafter, the petitioner claiming himself to be a registered owner of vehicle bearing registration no. HR-69/6044 made an application before the Judicial Magistrate-I, Muzaffarnagar for the custody of the vehicle being handed over to him. Learned Magistrate in purported exercise of power under Sec. 457 Cr.P.C. directed for custody of the seized vehicle being handed over to the petitioner on his furnishing an undertaking and personal bond to the extent of Rs.6,00,000.00. In the meantime, the District Magistrate, Muzaffarnagar initiated proceedings for confiscation under Sec. 72 of the Act. In the said case, registered as case no. 2378 of 2014, the District Magistrate, Muzaffarnagar by order dtd. 19/2/2015 directed for confiscation of the truck bearing registration no. HR-69/6044. The owner of the vehicle was given an option to pay in lieu of confiscation of the truck, a fine of sum of Rs.7,00,000..00 Aggrieved by the said order, the petitioner appears to have filed an appeal before the Sessions Judge, Muzaffarnagar. It has been dismissed by impugned order dtd. 21/5/2015.