Vijay Lakshmi, J. - (1.) This writ petition under Article 227 of the Constitution of India has been filed with prayer to set aside the impugned order dated 3.8.2017 passed by learned Sessions Judge, Muzaffar Nagar in Appeal No. 139 A of 2017 preferred against the order dated 12.11.2016 passed by the District Magistrate, Muzaffar Nagar in Case No. 3202 of 2015 under Section 72 of Excise Act, Police Station Jansath, District Muzaffar Nagar whereby the vehicle Truck Eicher No. HR 45A 6075 has been confiscated in favour of the State due to its involvement in Case Crime No. 750 of 2015, under Section 60/72 of Excise Act and under Sections 420, 467, 468 and 471 I.P.C., Police Station Jansath, district Muzaffar Nagar. The learned lower appellate court has affirmed the order of learned District Magistrate and has dismissed the appeal. Aggrieved by both the orders, the petitioners are before this Court.
(2.) Heard learned counsel for the petitioners and learned A.G.A. appearing on behalf of both the respondents. Perused the record.
(3.) It is contended by learned counsel for the petitioners that the petitioners who are the owners of confiscated vehicles, are innocent. They have never transported any illicit liquor in their vehicles in question, they are not named in the F.I.R., all the accused persons, who are named in the F.I.R. have been enlarged on bail. It is further contended that at the time when the vehicles in question were seized by the District Magistrate, the petitioners had moved applications with prayer to release the vehicles and their applications were allowed vide order dated 11.2.2016 and 15.3.2016 by the Chief Judicial Magistrate, Muzaffar Nagar, relying on the law as laid down by Hon'ble Apex Court in Sundarbhai Ambalal Desai Vs. State of Gujrat, 2003 1 JIC 615. However, the police, later on, referred the matter to the higher authorities for confiscation of the vehicles in question and on the recommendation of S.S.P., Muzaffarnagar, the District Magistrate initiated the proceeding of confiscation of the vehicles under Section 72 of the U.P. Excise Act and issued notice to both the petitioners on 17.12.2015 asking them to submit their objections till 5.1.2016 in the office of District Magistrate. The petitioner no. 1 submitted his reply on 23.9.2016. However, without further waiting for the objection of petitioner no. 2, the District Magistrate, Muzaffarnagar passed the impugned order on 12.11.2016 regarding confiscation of the vehicles with a further direction to the police to advertise for the auction of the vehicles in questions. The petitioners were also given an option to pay the market value of the vehicles in lieu of confiscation.;