K.L. Sharma, J. - (1.) -This is a criminal revision directed against the order dated 17.11.1994 passed by 1st Addl. Chief Judicial Magistrate, Varanasi in Seizure case of Mini bus bearing registration No. U.P. 65/B-0717 which was challaned by the police for committing offence under section 183 and 184 of Motor Vehicle Act, 1988.
(2.) I have heard learned counsel for revisionist as well as the learned A.G.A. and perused the material brought on record through affidavit.
(3.) I find that the impugned order passed by the learned Magistrate is ex facie illegal and based on misreading of the document of seizure. In fact the vehicle has been seized by the Police for the driver having committed an offence not to stop the vehicle on being asked to stop. But unfortunately the form prescribed under section 207 of the Motor Vehicle Act, 1988 has been wrongly used to record the seizure of the vehicle. The learned A.C.J.M. has not cared to see and read the document of seizure and has been misguided by the caption of the form printed as "u/s 207 of the Motor Vehicle Act". Therefore the order passed by the learned Magistrate is neither proper, nor legal. It is as such liable to be quashed and the necessary direction to be given to the learned Magistrate.;