Amar Saran, J. - (1.) Heard learned counsel for the revisionist and the learned A.G.A. appearing for the State.
(2.) This revision has been filed against the judgment of the IInd Additional Sessions Judge, Shaharanpur dated 10.9.1985 dismissing an appeal from an order passed by the Additional District Magistrate, Shaharanpur dated 31.10.1983. By the said order, the A.D.M. had confiscated the vehicle and in lieu of the confiscation the revisionist was allowed to pay Rs. 40,000/-. That order has been challenged in the present case.
(3.) The facts of this case were that in the intervening night of 11/12.9.1981 police of P.S. Manglaur arrested four persons including one Sanawar Khan, the driver of the truck No. URM 91 and from the truck in question 39 bags of Bhang weighing 12 quintal were found. The other accused persons, but not the revisionist were present on the spot. The revisionist is said to be the owner of the truck. The Arrested persons were challaned under Section 60 of the U.P. Excise Act and confiscation proceedings were initiated before the District Magistrate, Saharanpur.;