A petition under Article 227 seeking to quash orders rejecting the petitioner's prayer for release of a seized vehicle involved in an excise case. The High Court disposed of the petition without examining merits, directing relevant authorities to consider the release application in light of ongoing confiscation proceedings.
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Court No. - 64
Case :- MATTERS UNDER ARTICLE 227 No. - 3904 of 2022
Petitioner :- Harivilas Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Kumar Pandey,Shahabuddin Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present petition has been filed with the following prayers :-
"(i) To issue a writ, order or direction in the nature of certiorari to quash the order dated 11.10.2021, passed by Additional Chief Judicial Magistrate, Court No.1, Mathura (Annexure No.3 to the writ petition) and order dated 24.03.2022, passed by Additional Session Judge, Court No.5, Mathura in Criminal Revision No. 262 of 2021, Harivilas vs. State of U.P., arising out of Case Crime No.300 of 2021, under Sections - 60(1), 72 Excise Act, Police Station - Raya, District - Mathura (Annexure No. 5 to the writ petition).
(ii) Issue any other writ, order or direction as the Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iii) Award the cost of the petition to the petitioner."
Crux of the matter is that in this case the petitioner claims himself to be owner of Vehicle Scooty bearing Registration No.UP85-BX-4690. He added that the vehicle of the petitioner was found involved in Case Crime No.300 of 2021, under Sections - 60(1), 72 Excise Act, which was seized by the police. The vehicle in question is standing idle in open place at the police station since long (period) and with the passage of time ultimately it will become junk rusted out and after sometime it would be unfit for any purpose.
In regard to the redressal of his grievance, the petitioner moved an application for release of his vehicle on 01.09.2021 in the Court of A.C.J.M.-1, Mathura. The A.C.J.M.-1, Mathura vide his order dated 11.10.2021 rejected the application of the petitioner by observing that he has no jurisdiction to consider the matter in view of fact that the compounding proceeding of the vehicle is going on before the District Magistrate, Mathura.
The order passed by the A.C.J.M.-1, Mathura was challenged in revision before the concerned Sessions Court, which revision was rejected vide order of the lower revisional court dated 24.03.2022.
Learned A.G.A. submits that insofar as the merit of this case is concerned, confiscation proceeding is underway before the District Magistrate, Mathura, who is the competent authority to decide this issue whether the vehicle is to be released or not ?
I have perused both the orders impugned and the F.I.R. lodged by the police and in particular fact that confiscation proceeding is under-way. In such type of cases, the authority concerned may be approached by the petitioner for release of the vehicle, which is seized of the confiscation proceeding and the authority concerned shall promptly wind up the proceeding in accordance with law.
In view of above, it is observed that in case the applicant moves application before the court/authority concerned, as the case may be for release of his vehicle in question, the same shall be considered and disposed of by the court/authority concerned in accordance with law by passing speaking and reasoned order.
In view of above, this petition is finally disposed of .
Nothing has been observed on the merit of the case.
Order Date :- 27.7.2022 S Rawat
Digitally signed by SHOBHIT RAWAT Date: 2022.07.30 15:41:36 IST Reason: Location: High Court of Judicature at Allahabad
Harivilas
State of U.P.
Arvind Kumar Mishra
Shobhit Rawat
As recorded by the court registry
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