VIRENDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision has been preferred from an order of the learned Chief Judicial Magistrate, Mau, dated 13.06.2018 rejecting an application for release of a Bolero MUV under Section 451(1) of the Act, seized in connection with Case Crime no.50 of 2018, under Sections 60, 63, 72 of the U.P. Excise Act, and Sections 272, 273, 419, 420, 467, 468, 471 IPC, Police Station Doharighat, District Mau.

(2.) The revisionist is admittedly the registered owner of a Bolero MUV bearing registration no. UP 53 AF 2145. The aforesaid vehicle is hereinafter referred to as the vehicle. The vehicle was seized by the police on 01.03.2018 under circumstances that the police received information from a secret informer that at the brick kiln of a certain Kripa Shankar Rai, illegal country-made adulterated liquor was being brewed and that a Bolero MUV was parked there, with some ready liquor that would soon be ferried away to some place for sale. Acting on the aforesaid tip off, the police party raided the brick kiln aforesaid, and, found the driver seated in the vehicle parked at the brick kiln with its engine idling. The police party are said to have in a swift action surrounded the vehicle, in consequence whereof the driver and the other man on board escaped but two others who were loading ready liquor onto the vehicle, were arrested. The aforesaid persons revealed their names to be Mata Deen Yadav and Pankaj Gupta. The vehicle was also seized besides the liquor, as claimed by the police.

(3.) The revisionist applied to have the vehicle released to the Chief Judicial Magistrate, Mau, who rejected application for release on ground that since confiscation proceeding in relation to the vehicle under Section 72(2) of the U.P. Excise Act were in progress, it is not appropriate in the interest of justice to release the vehicle in favour of the revisionist.