M.M. Husain, J. - (1.) THIS revision is directed against the revisional order, dated 17 -6 -1981 passed by the VII Additional Sessions Judge Lucknow in Criminal Revision No. 91 of 1981 through which order he set -aside the order, dated 27 -5 -1981 passed by a Magistrate of the Ist Class at Lucknow under Section 457 Code of Criminal Procedure.
(2.) THE facts, relevant for the purposes of this revision, are that the excise authorities seized Car No. URA 6178 containing 480 bottles of illicit liquor within the circle of police station Mohanlalganj in the district of Lucknow, at Mimaura -Sisendi Road on 21 -4 -81. One Manjit Singh was driving the vehicle at that time. He was taken into custody and the seized vehicle and recovered bottles of liquor were handed over to Mohanlalganj police by the Excise Inspector concerned. On 7 -5 -81 an application was moved before Sri O. P. Dwivedi, a Magistrate of the 1st Class at Lucknow, by the present revisionist requesting him to give the seized car in his custody as the same was rotting at the police station. This prayer was opposed by the State as well as by the Excise Department on the ground that under Section 72 of the U.P. Excise Act, 1910, as amended by U.P. Act No. 13 of 1979, only the Collector of the district had jurisdiction to pass confiscation and also incidental orders. That objection was repelled by the learned Magistrate and he directed the release of the car in favour of the revisionist, of course, after proper safeguard by way of sureties etc. Feeling aggrieved by that order the State filed Criminal Revision No. 91 of 1981 which was allowed by the learned Sessions Judge and the order of the Magistrate, dated 27 -5 -1981 releasing the car in favour of the revisionist was set -aside. Against that order of the Sessions Judge the present revision has been filed.
(3.) SECTION 72 of U.P. Excise Act, 1910, as amended by U.P. Act No. 13 of 1979, which amendment came into force on 18 -4 -79, lay down that every animal, cart, vessel or other conveyance carrying illicit intoxicants was liable to confiscation. The seizure of such articles has to be reported by the authorities effecting seizure to the Collector irrespective of the fact whether or not any prosecution has been launched. The Collector has to pass confiscation order subject to the final orders passed by the court in case prosecution is launched and it is also open to the Collector to hand over the seized conveyance to its owner if he pays its market value. It is not disputed that in the present case the confiscation proceedings were going on when the present revisionist requested the Magistrate concerned to release the vehicle in his favour.;