Rama Shanker Singh Sahi vs State of U.P.

T.P. Garg, J.—This revision is directed against the order dated 7.2.1997 passed by the Addl. Chief Judicial Magistrate, Ghazipur, whereby the application of the revisionist dated 28.1.1997 for release of the truck UMO 8990 was rejected. The facts of the case in brief are that the revisionist is the owner of the truck No. UMO 8990. On 22.12.1996 the aforesaid truck was found carrying 50 bags containing about 10,000 pouches of illicit liquor. The officials of Dullahpur Police Station intercepted the said truck on the ground that it was carrying goods in violation of the Excise Act. An application was moved by the revisionist before the learned Addl. C.J.M., Ghazipur for release of the truck on the ground that he is the owner of the truck and he has no personal knowledge of the said truck carrying on liquor in violation of some law, that he had always been directing the driver of the said truck Bal Chand that he will not carry any objectionable articles in the truck. A prayer was, therefore, made for release of the said truck on superdari.

An objection was raised on behalf of the State that since the consfication proceedings are pending before the Collector, Ghazipur u/s 72 of the U.P. Excise Act, the truck should not be released.

The learned Addl. Chief Judicial Magistrate after hearing the learned Counsel for the parties, rejected the application of the revisionist vide order dated 7.2.1997.

Feeling aggrieved against the said order, the revisionist has filed the present revision.

Learned Counsel for both the parties have agreed that this petition be disposed of finally at the stage of admission itself. Learned Counsel for the revisionist has not prayed for the release of the goods on superdari. He was only confined his prayer to the point of release of the truck in question. Relying upon a case cited as Sri Nand v. State of U.P. 1997 JIC 107, it has been submitted by the learned Counsel for the revisionist that he was prepared to file Bank guarantee before the lower court and fill up the bond to produce the truck as and when required by the District Magistrate or any other court dealing with the matter at Ghazipur.

After hearing the learned Counsel for the parties, I find no useful purpose is going to be served to allow the truck to remain parked at Police Station particularly when the ownership of the truck is not disputed, and the State of U.P. has not claimed its ownership. In these circumstances, I think it will be Just and proper as also in the larger interest of the society as well as revisionist that the revisionist furnishes a bank guarantee of an amount of Rs. 2,00,000 (two lacs) before the Addl. Chief Judicial Magistrate, Ghazipur, and file a personal bond that he would produce the truck as and when required by the criminal court or the District Magistrate, Ghazipur and he would not sell and alienate the truck and would not make any change in its colour or shape in any manner, till such time the proceedings are not concluded before the District Magistrate.

Accordingly, the order dated 7.2.1997 passed by the Addl. Chief Judicial Magistrate, Ghazipur is hereby set aside and it is hereby directed that the truck shall be released by the Addl. Chief Judicial Magistrate, Ghazipur, after revisionist furnishes the bank guarantee of an amount of Rs. two lacs and personal bond of the like amount with an undertaking in terms detailed above.