9911796707
TMI Blog2022 (3) TMI 1056X X X X Extracts X X X X X X X X Extracts X X X X ..... of U.P. Excise Act, 1910 provides that whenever an offence is punishable under this Act, every animal, cart, vessel or other conveyance used in carrying such receptacle or package shall be liable to confiscation. The power of confiscation of vehicle has been given to the Collector of the District and sub-section 7 of Section 72 provides appeal against the order of confiscation under sub-section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perused the record. 2. The instant application under Section 482 Cr.P.C. has been preferred by the applicant to quash the order dated 08.10.2021 passed by Judicial Magistrate, Court No. 2, Mainpuri whereby an application for release of Vehicle No. UP-84- AH-0198 of the applicant has been rejected mainly on the ground that Vehicle No. UP-84-AH-0198 of the applicant which was seized in Case Crim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stant application is not maintainable and there is no illegality in the impugned order dated 08.10.2021. 5. Having examined the matter in its entirety, it is relevant to mention that clause (e) of sub-Section (1) of Section 72 of U.P. Excise Act, 1910 provides that whenever an offence is punishable under this Act, every animal, cart, vessel or other conveyance used in carrying such receptacle o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ming, modifying or annulling the order appealed against. 7. It is noteworthy that for the purpose of section 72(7) of U.P. Excise Act vide Notification No.4986 (E)/XIII-517 dated June 4th, 1978 of आबकारी अनुभाग, appellate judicial authority appointed by the State Government is District Judge and an appeal should be re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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