SRI NAND Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision is directed against the order dated 23-5-96 passed by the District & Sessions Judge, Kanpur Dehat in Criminal Revision No. 52 of 1996, whereby the learned Sessions Judge has allowed the revision filed by the State of Uttar Pradesh and quashed the order dated 26-4-96 passed by the learned C.J.M., Kan-pur Dehat in Criminal Case No. 76 of 96.

(2.) THE brief facts are that the revisionist is the owner of Truck No. U.P.-78-B/2457. On 29-3-96, that truck was found carrying 600 craters of foreign liquor, which was destined to be delivered in Arunachal Pradesh. The police officer at­tached to Police Station Bhognipur, District Kanpur Dehat intercepted the truck on the ground that the truck was carrying goods in violation of the Excise Act. An application was moved by the revisionist before the learned C.J.M., Kanpur Dehat for delivery of the truck as well as wine craters to him after taking suitable undertaking and security from him. An objection was raised on behalf of the State of Uttar Pradesh that since confiscation proceedings was pending before the Collector, Kanpur Dehat, u/s. 72 of the U.P. Excise Act, therefore, neither the truck nor the goods should be released.

(3.) FEELING aggrieved against the order of the learned C.J.M. dated 26-4-96, the State of U.P. filed a Criminal Revision No. 52 of 96, as above, before the learned Sessions Judge, Kanpur Dehat, who has al­lowed the same mainly on the ground that proceedings u/s. 72 of the U.P. Excise Act are pending before the District Magistrate, Kanpur Dehat. Therefore, the vehicle and the goods should not be released.