- (1.) The above mentioned criminal revisions under Section 397 (1)/401 of the Code of Criminal Procedure (hereinafter referred to as 'Code) have been filed by the revisionist- Himachal Marketing Company against three separate impugned orders dated 31.08.2010, passed by the learned Additional Chief Judicial Magistrate/ Special Economic Offence, Court No.17, Barabanki (hereinafter referred to as 'Magistrate') on the applications filed by the revisionist for release of pouches of Gutkha seized by the opposite party No.2, the Chief Food Inspector, Barabanki whereby the learned Magistrate has rejected the applications filed by the the revisionist.
(2.) In all the three above criminal revisions, since the date and place of recovery of pouches of Gutkha and witnesses are almost the same and a common question "as to whether the impugned order passed by the learned Magistrate is illegal and the pouches of Gutkha which have been seized by the opposite party No.2 may be released in favour of the revisionist," is involved for consideration before this Court, therefore, all the three criminal revisions are being disposed of by a common order.
(3.) The relevant facts giving rise to all the three criminal revisions may be summarized as under:-;