Shubhadi Shanker vs State of U.P.

T.P. Garg, J.—This revision is directed against the order dated 21.1.1997 passed by the IInd Addl. Chief Judicial Magistrate, Kanpur Dehat, whereby the application of the revisionist u/s 457, Code of Criminal Procedure for release of the truck Tata 407 No. UP 75/3125 has been rejected.

The facts, in brief, are that the revisionist is the owner of the aforesaid truck. On 13.11.1996, the aforesaid truck was found carrying illicit liquor when it was intercepted and three persons were found sitting in the said truck. The truck was found carrying on 54 bags each full of 200 liquor pouches. A case u/s 60 of the U.P. Excise Act was registered as it is alleged that the truck was carrying the aforesaid goods in violation of the U.P. Excise Act.

The revisionist moved an application for release of the aforesaid truck on the ground that he is the owner of the truck and he has no personal knowledge that the truck was carrying the liquor in violation of some law. However, the learned Addl. Chief Judicial Magistrate vide the impugned order found no merit in the application and rejected the same. Hence this revision.

Heard the learned Counsel for the parties. Learned Counsel for the parties have agreed that this petition may be disposed of at this stage itself.

An objection has been raised on behalf of the State that since the confiscation proceedings are pending before the Collector u/s 72 of the U.P. Excise Act, the truck should not be released. It is, however, undisputed that the revisionist has not prayed for the release of the illicit liquor pouches on superdari, he has only confined his prayer to the point of release of the truck in question. Relying upon a case cited as Nand v. State of U.P. 1997 JIC 107 (All), it has been submitted by the learned Counsel for the revisionist that he was prepared to furnish Bank Guarantee before the lower court and fill up the bond to produce the truck as and when required by the District Magistrate/Collector or any other court dealing with the matter at Kanpur Dehat.

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, Kanpur Dehat, and file a personal bond that he would produce the truck as and when required by the criminal court or the District Magistrate, Kanpur Dehat 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/or any other authority.

Accordingly, the order dated 21.1.1997 passed by the Addl. Chief Judicial Magistrate, Kanpur Dehat is hereby set aside and it is hereby directed that the truck shall be released by the Addl. Chief Judicial Magistrate, Kanpur Dehat, after revisionist furnishes the bank guarantee of an amount of Rs. two lacs and a personal bond of the like amount with an undertaking in terms detailed above.