SAJJAD ALI Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. This revision has been filed against the order dated 28-7-1997 passed by the IInd Additional Civil Judge (Junior Division), Bhadohi by which the application for release of Truck No. U. P. 70-G 9611 has been rejected on the ground that the same is liable to be confiscated under the Excise Act. It has also been indicated 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 completion of the investigation. Learned counsel for the petitioner was 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 con fiscation 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 confis cation were pending.

(2.) IN view of the case law laid down by this Court this revision is disposed of final ly with the direction that the vehicle in question shall be released in favour of its owner on 'moving an application in this regard subject to the following conditions; (1) that the person in whose favour of 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 confis cation 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, Bhadohi. Revision allowed. .