PREM SWAMI Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. This revision has been filed against the order dated 17-2-1997 passed by the VII Additional Chief Judicial Magistrate, Agra by which the application for release of Jeep No. U. P. 85-B/9143 has been rejected on tne ground that the same is liable to be confiscated under the Excise Act. A counter- affidavit has been filed in which it has been indicted that the vehicle in question is liable to be confiscated and a report for confiscating the vehicle has al ready been submitted and the proceedings are going on before the District Magistrate and it is open for the applicant to contest those proceedings. It has also been indi cated that it is premature to say that the applicant/revisionist who claims himself to be the owner of the vehicle is not involved in the crime in question. The complicity, if any, of the applicant will be clear only after com pletion of the investigation. Learned Coun sel for the petitioner has cited a case law laid down in the matter of Kamaljeet Singh v. State of U. P. 1985 (Suppl) ACC 426 in which it has been indicated that in the case of Mohd. Hanif v. State it has been held that the pendency of proceedings for confiscation was no bar for releasing the seized goods under Section 457, Cr. P. C. and in this view, the Magistrate was not legally justified in refusing to consider the application under Section 457, Cr. P. C. on the ground that the proceedings for confiscation were pending.

(2.) IN view of the case law laid down by this Court this revision is disposed of finally with the direction that the vehicle in ques tion shall be released in favour of its owner on moving an application in this regard sub ject to the following conditions; (1) that the person in whose favour the vehicle is released shall not change the nature of the vehicle; (2) he shall not change the colour of the vehicle; (3) he shall not hand over or sell the vehicle to anybody; (4) he shall produce the vehicle in confisca tion proceedings or before the Judicial Magistrate as and when required; and (5) he shall furnish sureties and personal bond of the like amount to the satisfaction of the learned VII Additional Chief Judicial Magistrate, Agra. Revision allowed. .