P.K.Jain - (1.) HEARD Sri U. C. Mishra learned counsel for revisionist and learned A.G.A.
(2.) A D.C.M. Toyata vehicle No. D.L./L.C.-0050 was intercepted by police and 15,000 pouches of liquor were found being transported in the said vehicle. A case under Section 60 of Excise Act was registered against the driver. The present revisionist claiming to be the owner of the said vehicle moved an application for release of the vehicle which has been rejected by the learned Magistrate by an order dated 23.8.1997 on the ground that proceedings for confiscation under Section 72 (5) of the Excise Act are pending before the District Magistrate. The learned Magistrate did not give any finding as to whether the applicant was the owner of the vehicle or not or whether he was entitled for the possession of the vehicle. In the present revision, the said order of the learned Magistrate is challenged. It is contended that revisionist is the owner and entitled to the possession of the vehicle as there is no evidence of his active participation in the crime or the vehicle being used in the commission of crime with his consent or connivance. These are the questions of fact which can be decided by the trial court. However, at this stage it is expedient that confiscation proceedings may be disposed of by the District Magistrate within 15 days from the date certified copy of this order is produced before the District Magistrate and in case the proceedings are not so disposed of, the vehicle should be given in possession of its owner on executing bond as the Judicial Magistrate deems fit. The revision is, therefore, finally disposed of with the direction to the District Magistrate, Etawah to dispose of the confiscation proceedings within 15 days from the date, certified copy of this order is presented before him by the revisionist and in case he fails to dispose of the proceeding as ordered above, the Judicial Magistrate, Auriya district Etawah shall release the vehicle in favour of the owner of the vehicle if he finds him entitled to its possession on his furnishing bond to the satisfaction of the Judicial Magistrate concerned.
(3.) LET certified copy of this order be made available to the learned counsel for the revisionist by tomorrow on payment of usual charges.;