Sandeep Kumar vs State Of U.P. And Another
2021 Latest Caselaw 10876 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- CRIMINAL REVISION No. - 1557 of 2020
 

 
Revisionist :- Sandeep Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Indra Mohan Singh,Mohd. Iqbal Farooqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Kumar,J.

Heard learned counsel for the revisionists and learned A.G.A. appearing for State-opposite party no.1 and perused the material place on record.

The present criminal revision has been moved against the impugned judgment and order dated 26.06.2020 passed by learned Additional Chief Judicial Magistrate-I, Muzaffar Nagar in Case Crime No.186 of 2019 (State Versus Sandeep Kumar and another) under Section 3/7 of Essential Commodities Act, Police Station Mansoorpur, District Muzaffar Nagar whereby learned court below has rejected release application of the case property i.e. tanker.

Learned counsel for the revisionists has appeared and admitted that there is specific bar under Section 6E of the Essential Commodities Act and the same was also quoted in the impugned judgement and order. The court has rightly observed that the court has no jurisdiction for release of a vehicle seized under aforesaid Act. This legal position has already been admitted by the counsel for the revisionists before the Court whereas the order dated 18.03.2020 of the District Magistrate, Muzaffar Nagar has never seized the vehicle and it speaks that considering expert report that tanker was filled with water and no kerosene oil was found in the expert report,the seizure of said vehicle is not justified.

Under the circumstances, if the vehicle in question is still not released and an application for its release is filed within 15 days from today, the concerned District Magistrate may consider the facts and circumstances of the case and pass appropriate orders on that application as expeditiously as possible.

With the above observations, this revision is finally disposed of.

Order Date :- 25.8.2021

MN/-