LALLAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri U. C. Mishra learned counsel for revisionist and learned A.G.A.

(2.) A D.C.M. Toyata vehicle No. D.L./L.C.-0050 was intercepted by police and 15,000 pouches of liquor were found being transported in the said vehicle. A case under Section 60 of Excise Act was registered against the driver. The present revisionist claiming to be the owner of the said vehicle moved an application for release of the vehicle which has been rejected by the learned Magistrate by an order dated 23.8.1997 on the ground that proceedings for confiscation under Section 72 (5) of the Excise Act are pending before the District Magistrate. The learned Magistrate did not give any finding as to whether the applicant was the owner of the vehicle or not or whether he was entitled for the possession of the vehicle.

(3.) LET certified copy of this order be made available to the learned counsel for the revisionist by tomorrow on payment of usual charges.