Pratap Singh vs State of U.P.

R.K. Singh, J.—None appears for the revisionist. Learned A.G.A. is present. The lower Court record has not been received as per office note dated 2111999 for which this Court had directed by the interim order dated 861998.

For looking to the facts of the case this Court had perused the impugned order passed by the Sessions Judge, Almora in Criminal Appeal No. 8 of 1994. This was an order challenged by the owner of the Maruti Van No. DL2C5223 against the order of confiscation passed on 1141994 by the then District Magistrate/Collector. Almora. In this matter the lower Court record does not appear to be any assistance. Accordingly the order dated 851998 calling for lower Court''s record is modified as it does not find useful to call for the lower Court record.

The matter is taken up for consideration. The impugned order of the learned Sessions Judge and the order of the District Magistrate/Collector has been carefully perused. The vehicle was caugh: carrying illicit liquors. The impugned order of the learned Sessions Judge discloses no illegality passed in the criminal appeal filed against the order for depositing of the amount by the owner.

It appears that this revision petition has been filed to linger the matter. The criminal liability is undispuied on the owner of the vehicle. The indulgence of this Court in the help of the guilty person to prolong the criminal matter is against interest of justice.

The impugned order of the learned Sessions Judge does not suffer any illegality or impropriety. The order of the lower Court to deposit Rs. 6,000 (Six thousand) as value of the Maruti Van, failing which the vehicle will be put for auction, does not appear in any way improper. The revision petition has no merit. The same is dismissed. The interim order stands discharged.

The office is directed to communicate this order 10 the learned Sessions Judge, Almora within a week positively.Revision dismissed.