- (1.) BHAGWAN Din, J. Heard Sri Mohd. Shabbir, learned counsel appearing for the applicant and the learned A. G. A,
(2.) THE vehicle, bearing registration No. UTI 8127, was intercepted carrying 100 gunny bags, each containing 200 pouches of illicit liquor. THE persons in volved in the transportation of illicit liquor have been challaned and the vehicle is detained at the police station, C. B. Ganj (Collector Baque Ganj ). The applicant, Krishna Mohan Sharma moved an application before the Magistrate for release of that vehicle, who rejected the same. Against that order the applicant filed criminal revision No. 236of 1997. The revisional Court, considering the legal position, allowed the revision and directed the Magistrate to release the vehicle in favour of the actual owner of the same on his furnishing personal bond and one surety to his satisfaction on an under taking to produce the vehicle as and when required by the Court. The Magistrate did not released the vehicle as directed by the revisional Court. The Collector, Bareilly has served a notice on the applicant and started confis cation proceedings. It may be mentioned that against the said notice, the applicant has filed an appeal before the District Judge which has been allowed to the extent that the Collector shall hear the matter on merit and pass suitable orders. However, he made a direction that till disposal of the matter by the Collector, the vehicle in question shall remain in custody of the Collector. Against only this part of the order, the present application under Sec tion 482, Cr. P. C. has been filed.
(3.) THE learned A. G. A. raised an ob jection that the learned District Judge, Bareilly decided the appeal on civil side, therefore, on the criminal side, under Sec tion 482, Cr. P. C, this application cannot be entertained. I am unable to agree with the sub-mission of the learned A. G. A. because the confiscation proceedings are drawn under Section 72 of the U. P. Excise Act, which is enacted under a Special Act providing confiscation of the vehicle. Therefore, the appeal will certainly lie on the criminal side. Consequently, the application under Section 482, Cr. P. C. is maintainable.;