JUDGMENT J.N. Dubey, J. - Applicant Kamal Jeet filed an application under Section 482, Cr.P.C. for quashing the Criminal proceedings initiated against him for the offences under Sections 420/467/468, I.P.C. and Section 60 U.P. Excise Act on September 6, 1985. He also prayed for an interim order for the release of his seized truck. How- ever, instead of granting any interim order directed that the application itself be listed for final hearing on September 18, 1985. The application was accordingly listed on September 18, 1985 but could not be disposed of for the failure of the State to We counter affidavit within time Now, the counter affidavit has been filed to which the applicant would like to file rejoinder affidavit and, therefore, the hearing of the application has to be adjourned. Moreover, the application cannot he disposed of finally in near future due to paucity of time. The applicant is, therefore, granted three weeks' time for filing a rejoinder affidavit. List this application for final hen ring before the appropriate bench after the expiry of three weeks. 2. The learned counsel for the applicant urged that as the application could not be finally disposed of due to delay in filing the counter affidavit his request for release of the truck may be considered. This request of the learned counsel for the applicant is quite justified and I accordingly proceed to consider the same. 3. It appears that the applicant moved an application for release of his Truck under Section 457, Cr.P.C. before the 1Vth Additional Munsif Magistrate Varanasi who without going into merits of the case rejected it on the ground that the matter of seizure and confiscation was to be dealt with by the Collector Varanasi under Section 7T(2) of the U.P. Excise Act. In Mond Hanif v. The State, 1983 U.P. Crl. Rulings 239 Lucknow Bench of this Court. held that the pendency of proceedings for confiscation was no bar for releasing the seized goods under Section 457, Cr.P.C In this view, the Magistrate was not legally justified in refusing to consider the application under Section 457, Cr.P.C. on the ground that proceedings for confiscation were pending. I. accordingly, direct that the application , moved by the applicant under Section 457, Cr. P. C. for releasing the truck in question be considered and decided by the learned Munsif Magistrate on merits expeditiously in accordance with law.