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2007 DIGILAW 478 (UTT)

KANTI v. STATE

2007-09-06

B.C.KANDPAL

body2007
JUDGMENT Hon’ble B.C. Kandpal, J. By way of this petition U/S 482 Cr.P.C. the petitioner has sought the relief for setting aside the order dated 11.5.2007, passed by Judicial Magistrate, Haridwar, in case crime No., 90/2007, State Vs. Raju U/S 60/72 of Excise Act and the order dated 7.7.2007 passed by Sessions Judge Haridwar, in criminal revision No. 211/2007 Smt. Kanti Devi Vs. State of Uttarakhand. 2. Brief facts of the case are that the first information report was lodged against Mr. Raju, who is the husband of the petitioner U/S 60/72 of Excise Act with the allegation that Raju was carrying illicit liquor in the vehicle in question. The vehicle was also seized by the Police. The petitioner thereafter moved an application for release of the vehicle but the same was rejected by the Judicial Magistrate. Thereafter the petitioner preferred the revision which was also dismissed. Now the petitioner has preferred this application before this court or release of the vehicle. 3. The respondent/State has filed the counter affidavit in this case denying the averments made in the petition and pleaded that the vehicle was seized by the Police as the same was carrying illicit liquor. 4. It is true that the accused is the husband of the petitioner who was carrying illicit liquor in the vehicle in question but this fact has also not been denied that the vehicle belongs to the petitioner as she is the registered owner and she is not an accused in the case U/S 60/72 of the Excise Act. This fact is also not denied that the vehicle was seized on 1st May, 2007 and since then the same is lying at the Police Station. 5. Keeping in view the facts and circumstances of the case, I am of the view that there is every likelihood of getting the vehicle damaged which is lying at the Police Station. No useful purpose will be served in case if the vehicle is lying at the Police Station in an idle condition. 6. I, therefore, think it just and proper, in the interest of justice, to release the vehicle in favour of the petitioner. 7. Accordingly the petition is disposed of with the direction that the vehicle in question shall be released in favour of the petitioner, subject to her furnishing a personal bond as well as one surety bond to the tune of Rs. 7. Accordingly the petition is disposed of with the direction that the vehicle in question shall be released in favour of the petitioner, subject to her furnishing a personal bond as well as one surety bond to the tune of Rs. 25,000/- each to the satisfaction of Magistrate concerned. The petitioner shall also give an undertaking before the Court concerned that the vehicle in question shall not be misused in any manner in future.