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TMI Blog2020 (5) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... e used for transporting illicit material. Further, this Court is also of the view that no useful purpose would be served by seizing the vehicle and keeping it in the Police Station for a very long time. Reliance can be placed in the case of SUNDERBHAI AMBALAL DESAI VERSUS STATE OF GUJARAT [ 2002 (10) TMI 773 - SUPREME COURT ] where it was held that 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. The veh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting that neither was he himself involved in the incident nor was his vehicle involved in carrying of the illicit adulterated liquor and even if the vehicle was found carrying the illegal adulterated liquor, he was not in any manner responsible for it. Further, he had stated that he had no knowledge about the fact that the vehicle was being used for carrying the liquor. However, the District Magistrate/Collector did not release the vehicle and turned down the request of the petitioner on 16.07.2018 and confiscated the vehicle being Vehicle No. U.P. 65FT / 3787. The appeal, thereafter, filed by the petitioner was also dismissed on 19.01.2019 by the District Judge, Mau. The contention of the learned counsel for the petitioner is that under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prays for and is granted three weeks' time to file counter affidavit specifically mentioning therein that whether option as has been provided under the proviso to Section 72(2) of the U.P. Excise Act, 1910, was given to the petitioner or not. Petitioner shall have a week thereafter to file rejoinder affidavit. List on 09.04.2019 before the appropriate court. This case shall not be treated as part heard or tied up with this bench. Order Date :- 5.3.2019 Hon'ble Harsh Kumar,J. List revised. No one is present for petitioner. Learned Standing Counsel prays for and is granted further two weeks time for filing counter affidavit specifically mentioning therein as to whether option as has been provided under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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