Prem Swami vs State of U.P.

I.M. Quddusi, J.—This revision has been filed against the order dated 17.2.1997 passed by the VI Ith Additional Chief Judicial Magistrate, Agra by which the application for release of Jeep No. U.P. 85B/9143 has been rejected on the ground that the same is liable to be confiscated under the Excise Act. A counter-affidavit has been filed in which it has been indicated that the vehicle in question is liable to be confiscated and a report for confiscating the vehicle has already been submitted and the proceedings are going on before the District Magistrate and it is open for the applicant to contest those proceedings. It has also been indicated that it is premature to say that the applicant/revisionist who claims himself to be the owner of the vehicle is not involved in the crime in question. The complicity, if any, of the applicant will be clear only after completion of the investigation. Learned Counsel for the Petitioner has cited a case law laid down in the matter of Kamaljeet Singh v. State of U.P. 1985 ACC 426 in which it has been indicated that in the case of Mohd. Hanif v. State, it has been held that the pendency of proceedings for confiscation was not bar for releasing the seized goods u/s 457. Code of Criminal Procedure and in this view, the Magistrate was not legally justified in refusing to consider the application u/s 457, Code of Criminal Procedure on the ground that the proceedings for confiscation were pending.

In view of the case law laid down by this Court, this revision is disposed of finally with the direction that the vehicle in question shall be released in favour of its owner on moving an application in this regard subject to the following conditions:

(1) that the person in whose favour the vehicle is released shall not change the nature of the vehicle;

(2) he shall not change the colour of the vehicle;

(3) he shall not handover or sell the vehicle to anybody:

(4) he shall produce the vehicle in confiscation proceedings or before the Judicial Magistrate as and when required; and

(5) he shall furnish sureties and personal bond of the like amount to the satisfaction of the learned VI Ith Additional Chief Judicial Magistrate, Agra.