RAM BIHARI Vs. STATE OF U P

JUDGEMENT

(1.) J. C, Mishra, J. This revision has been filed against seizure of saw machine, its part and woods stored at saw mill on 18- 3-1997 and also to set aside the order dated 26-4-1997 passed by the Judicial Magistrate, III, Allahabad rejecting the applicant's prayer for release of the seized articles.

(2.) A copy of the seizure memo (annexure-4) shows that on 18th March, 1997 at 3. 20 p. m. the S. D. M. Phulpur, CO. Phulpur. D. F. O. and Range Officer raided the saw mill of the revisionist and in accordance with the directions of the Supreme Court closed the saw mill, seized timbers and woods kept at the platform alongwith separable parts of saw machine.

(3.) THE learned Counsel contended that the revisonist has already been permitted to make wooden furniture and permanent registration certificate in this regard was issued by the Industries Department, which indicates that the saw mill was be ing used as domestic carpentry or for similar work on small scale and therefore no licence for operating the saw mill was required. He referred to the certificate is sued by the District Industries Centre dated 19-6-1971 which indicates that the applicant was permitted to make wooden furniture for establishing industry on small scale in the name and style of Rakesh and Ravi Wooden Furniture and House Windows in village Sahado, Phulpur, Allahabad.