MANOJ GIRI Vs. STATE OF U P
LAWS(ALL)-2001-1-34
HIGH COURT OF ALLAHABAD
Decided on January 04,2001

MANOJ GIRI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) KRISHNA Kumar, J. This revision has been filed against the orders dated 5-5-2000 and 27-11-2000.
(2.) IN brief, the facts of the present case are that one vehicle was intercepted in which illicit liquor and Ganja was recovered. It was alleged that said vehicle was being used for transporting the narcotic drugs, liquor etc. At the time of recovery there was no registration number plate on the said vehicle. Show cause notice was given under Section 72 (1) of Excise Act, which was served upon the revisionist, who also filed objection. It was alleged by the revisionist that said vehicle was taken away from his own house and false recovery has been shown.
(3.) IT was not mentioned in the said objection that it was not in personal knowledge of the revisionist that vehicle was being used for transporting narcotic drugs, illicit liquor etc. , although the recovery was denied. However, there is no reason to believe that false recovery was shown by the police and when it was not so stated by the revisionist that it was not in his personal knowledge that vehicle was being used for transporting narcotic drugs, liquor etc. , it shall be held that narcotic drugs and illicit liquor was being transported in his knowledge. The person, who was arrested at the time of recovery was also found to be close relative of the revisionist. There is, thus no mistake in the order of the learned District Magistrate, Varanasi. Being aggrieved against the order passed by the District Magistrate, the revisionist filed an appeal before the learned Sessions Judge, which was dismissed by the XIII Additional District Judge. On perusal of the judgments of both the Courts. I also do not find any illegality in both the orders. The revision is, therefore, dismissed. Revision dismissed. .;


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