Ravindra Nath Kakkar, J. - (1.) Heard Sri Santosh Kumar Singh, learned counsel for the revisionist as well as learned A.G.A. for the State.
(2.) This criminal revision has been preferred against the judgement and orders dated 27.2.2016 passed by the Additional Chief Judicial Magistrate, Court No. 1, Varanasi in Criminal Misc. Application No. 47 of 2016 ( State v. Rajiv Kumar Singh) in case Crime No. 358 of 2015 , under Section 60 of Excise Act, PS-Cholapur, District-Varanasi whereby the application of the revisionist for the release of the vehicle was rejected.
(3.) The relevant facts are that the revisionist claimed himself to be the registered owner of the vehicle No. U. P. 61-H 4473. The vehicle was found to be carrying 102 bottle of the illicit liquor in 30 open packets. The vehicle was involved as a carrier. An application under Section 60 of the Excise Act was moved by the revisionist before the learned ACJM, Varanasi for the release of the vehicle. An objection was raised on behalf of the State of U.P. that since the confiscation proceedings under Section 72 of the U. P. Excise Act is pending before the collector Varanasi, therefore, the said vehicle should not be released.;