Allahabad High Court
Bhola Singh vs State Of U.P. And 2 Others on 13 April, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 2789 of 2023
Petitioner :- Bhola Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sudarshan Singh
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Pursuant to the order passed by this Court, amendment application has been filed before the Court, which is taken on record.
Prayer made in the amendment application to make correction in the prayer clause of the petition, is allowed.
Necessary corrections have been made in the petition forthwith.
The petitioner has preferred the petition under Article 227 of the Constitution of India with the prayer to set aside the order dated 03.02.2023 passed by District Judge, Chandauli in Civil Appeal No. 44 of 2022 (Bhola Singh Vs. State of UP and another), as well as order dated 13.6.2022 passed by District Magistrate, Chandauli, both arising out from Case Crime No. 181 of 2020, under Section 60/63 Excise Act, P.S. Saiyad Raza, District Chandauli.
Facts in brief as contained in the present petition are that the petitioner is the owner of vehicle No. PB-03-AY-5931.
The aforesaid vehicle is DCM truck, the same was engaged in the business of transportation of food grains. A first information report was lodged against the petitioner under Section 60 and 63 of U.P. Excise Act, at Police Station Saiyadraja, District - Chandauli which was registered as Case Crime No. 182 of 2020. It is stated in the aforesaid first information report that the aforesaid vehicle was checked by the police party while vehicle was passing through the Chandauli. Then it was found that the vehicle in question containing English Wine and persons sitting in the vehicle, jumped from the vehicle and ran away. It was informed to the police authorities that the owner of the vehicle is the present petitioner.
In this view of the matter, the vehicle in question was seized by the District Magistrate, Chandauli. An application for releasing of the vehicle has been filed by the petitioner before the Chief Judicial Magistrate, Chandauli, the same was rejected by him vide order dated 09.08.2021.
Aggrieved against the aforesaid order of rejection dated 9.8.2021, the petitioner preferred a Civil Appeal No. 44 of 2022 before the court of District & Sessions Judge, Chandauli, but same was also dismissed vide order dated 03.02.2023, hence the present petition.
It is argued that the order passed by both the courts below are illegal and liable to be set aside. It is further argued that the vehicle in question was seized without following the procedure prescribed in law. It is further argued that the vehicle in question is not involved in any criminal activity.
In view of the aforesaid, it is argued that the orders passed by the court below be set aside and the vehicle of the petitioner be directed to release.
On the other hand it is argued by the learned Standing Counsel that since the vehicle in question was involved in malpractice and since English Wine was found in the aforesaid vehicle, the same was rightly confiscated by the District Magistrate.
Heard counsel for the parties and perused the record.
From perusal of the record it transpires that vehicle of the petitioner was seized in view of the fact that English Wine was found in the same. The criminal proceedings in this regard is still going on. It is settled law that there is no use to keep seized vehicles at the police station for the long period. Police authorities are to returned the vehicle after taking appropriate bond and guarantees as well as security for the return of the vehicle. The Supreme Court in the case of Sunder Bhai Amba Lal Desai vs. State of Gujarat reported in 2003 AIR SC 638 has held that it is of no use to keep such seized vehicles at the police stations for a long period. Paragraph 17 of the aforesaid judgment is reproduced below:-
"17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."
In this view of the matter, the Court is of the opinion that there is no use to keep the seized vehicle of the petitioner at the police station. Hence the District Magistrate, Chandauli is directed to pass appropriate orders immediately after taking a proper bond, guarantee as well as surety for return of the said vehicle if required at any point of time.
In the facts and circumstances of the case, the present petition is disposed of finally permitting the petitioner to move an application in this regard before the District Magistrate, Chandauli and if such application is filed along-with the certified copy of this order before the District Magistrate, Chandauli within a period of three weeks from today, the District Magistrate, Chandauli is directed to pass appropriate orders on the same, most expeditiously and positively within a period of ten days from the date of presentation of application.
It is made clear that the District Magistrate, Chandauli will pass orders taking into consideration the observations made by the Hon'ble Apex Court in the case of Sunder Bhai Amba Lal Desai (Supra) as well as the facts as narrated above in the present petition.
With the aforesaid observations, the present petition is disposed of.
Order Date :- 13.4.2023
S.K.S.
