- (1.) G. S. N. Tripathi, J. This revision is directed against the order dated 23-5-96 passed by the District & Sessions Judge, Kanpur Dehat in Criminal Revision No. 52 of 1996, whereby the learned Sessions Judge has allowed the revision filed by the State of Uttar Pradesh and quashed the order dated 26-4-96 passed by the learned C. J. M. , Kan-pur Dehat in Criminal Case No. 76 of 96.
(2.) THE brief facts are that the revisionist is the owner of Truck No. U. P.-78-B/2457. On 29-3-96, that truck was found carrying 600 craters of foreign liquor, which was destined to be delivered in Arunachal Pradesh. THE police officer at tached to Police Station Bhognipur, District Kanpur Dehat intercepted the truck on the ground that the truck was carrying goods in violation of the Excise Act. An application was moved by the revisionist before the learned C. J. M. , Kanpur Dehat for delivery of the truck as well as wine craters to him after taking suitable undertaking and security from him. An objection was raised on behalf of the State of Uttar Pradesh that since confiscation proceedings was pending before the Collector, Kanpur Dehat, u/s. 72 of the U. P. Excise Act, therefore, neither the truck nor the goods should be released. The learned C. J. M. vide his order dated 26-4-96 rejected the objection raised on behalf of the State of Uttar Pradesh, and ordered for release of the Truck in favour of the revisionist. Feeling aggrieved against the order of the learned C. J. M. dated 26-4-96, the State of U. P. filed a Criminal Revision No. 52 of 96, as above, before the learned Sessions Judge, Kanpur Dehat, who has al lowed the same mainly on the ground that proceedings u/s. 72 of the U. P. Excise Act are pending before the District Magistrate, Kanpur Dehat. Therefore, the vehicle and the goods should not be released.
(3.) AGAINST this judgment and order passed by the learned Sessions Judge, this revision has been filed. At the outset, Sri A. B. L. Gaur, learned counsel for the revisionist states before this Court that he does not claim the release of the goods at this stage. He is confining his revispn only to the point of release of the truck in question. Therefore, I am not going to express any opinion regard ing 600 craters of foreign liquor recovered from the truck. Sri Gaur further states that he is prepared to file Bank guarantee before the Court of C. J. M. Kanpur Dehat and fill up the bond to produce the truck as and when required by the District Magistrate or the criminal courts, dealing with the matter at Kanpur Dehat.;