JUDGMENT 1. - This is a petition under S. 482 Cr.P.C. for the delivery of the consignment of 750 carats of Beer bottles of Golden Eagle which were seized by the competent authorities in case No. 39/70 and 226/79. It arises in the following circumstances. 2. Bhilwara District is a dry district in the State of Rajasthan. On 2.6.79, 217 carats containing 2004 bottles of Golden Eagle beer were recovered from the Truck RJY 9755 at Bhilwara and 532 carats of Golden Eagle beer containing 6384 bottles and 23 empty bottles and two empty carats were recovered from the shop of Kedarmal on the same day. Two cases were registered and it is not known whether they have resulted in filing of the charge sheet or not. 3. Two applications by one Moolchand alleging himself to be the proprietor of M/s. Novelty Wine Traders, Nanded (Maharashtra) were filed on 20.6.79 in both the cases with a request that the beer bottles which had been seized in two cases may be delivered to him on surety. The learned Magistrate disallowed the application vide his order dated 23.6.79 and ordered on 8.11.79 that the Assistant Excise Officer, Bhilwara should dispose of the seized beer bottles at places where there is no prohibition. 4. Against the order of the learned Magistrate, dated 23.6.79, a revision has filed by the petitioner in the Court of learned Sessions Judge, Bhilwara. The learned Sessions Judge under his order dated 29.8.79 dismissed the revision petition. 5. It is submitted by the learned Advocate for the petitioner that there is no dispute that the beer bottles, which were seized, are owned by Moolchand, who is the proprietor of M/s. Novelty Wine Stores, Nanded. He submits that the Collector. Nanded issued a valid licence for the import of 750 carats of Golden Eagle beer from Mohan Meakin Breweries Ltd., Mohan Nagar, Ghaziabad (U. P.), and that permit was valid upto 31.3.80. Further the valid import permit No. 13 was also received by the petitioner from M/s. Mohan Meakin Breweries Ltd., Ghaziabad (U.P.). Under those permits, 750 dozens of Golden Eagle beer was taken delivery of from Mohan Nagar, Ghaziabad (U.P.) and when they were in transit at Bhilwara they were seized. He further submits that the truck had gone out of order at Bhilwara and, therefore, the consignment had to be unloaded at the shop of Kedarmal. Under those permits, 750 dozens of Golden Eagle beer was taken delivery of from Mohan Nagar, Ghaziabad (U.P.) and when they were in transit at Bhilwara they were seized. He further submits that the truck had gone out of order at Bhilwara and, therefore, the consignment had to be unloaded at the shop of Kedarmal. Whether or not the consignment was unloaded is not for this Court to see, but it will be for the trial Court to arrive at such a conclusion. Whether or not the truck had gone out of order and, therefore, the carats had to be unloaded is again a matter of evidence, which the petitioner will be free to produce, if he so chooses, before the learned Magistrate. There are some facts, according to the learned P.P. which state at this stage. He submits that the truck is alleged to have left Ghaziabad on 26.5.79. He further submits that to go to Nanded from Ghaziabad one need not come to Bhilwara, as there is other direct route. Whether or not in the transit the consignment could pass through Bhilwara will be decided at the trial. There is a letter of Punjab-Nagpur Co., dated 15.6.79 from which it appears that there is no mention that the truck stayed at Bhilwara because of any dis-order and all that is mentioned is that the driver had stopped at Bhilwara on his way. Whether or not this fact is correct will be decided at the trial. 217 dozens of Golden Eagle beer were recovered from the truck RJY 9755. The number of bottles should be 2604, but as per the learned Advocate only 2004 bottles were recovered in 217 carats. Again, from the shop of Kedarmal (absconding) 532 carats of Golden Eagle beer were recovered. They contained 6384 bottles and besides that 23 loose bottles or open bottles were recovered with two empty carats from the shop of Kedarmal. If the number of bottles seized from the truck is taken as 2004, then the total number of bottles will be only 8411, and if the number of bottles in 217 carats is taken as 2604, then the total number of bottles will be 9011. In any case, the circumstances are very suspicious and a look at Rule 3 (g) and (j) of the Rajasthan Liquor Prohibition Rules. In any case, the circumstances are very suspicious and a look at Rule 3 (g) and (j) of the Rajasthan Liquor Prohibition Rules. 1967 will show that consignments of liquor in transit by road through the prohibition area for destinations outside such area cannot be tampered with or/and used during the transit. Whether under a transit pass the consignment was to pass through Bhilwara or not will be decided at the trial, and the learned Advocate could not refer to the transit pass that Bhilwara was referred therein, and according to him it may be Ghaziabad. Even if, in the transit pass, the consignment was to pass through Bhilwara and whether the terms of the transit pass were contravened or not is again a matter to be decided at the trial. The facts of the case are not such that interference in the order of the learned Magistrate either to prevent the abuse of the process of the court or to secure the ends of justice is necessary. The learned Magistrate has simply ordered that the consignment will be sold by the Assistant Officer at such places where there may not be any prohibition. The sale proceeds will definitely be deposited with the learned Magistrate and will be subject to the decision of the case finally. However, to safe-guard the interest of the petitioner, it is directed that the offers which will be taken by the Assistant Excise Officer for the sale of the beer bottles will be subject to confirmation by the learned Magistrate.With these observations, this miscellaneous petition is hereby dismissed.Directions Issued - Petition Dismissed. *******