2022 (3) TMI 1056

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....GH, J. 1. Heard learned counsel for the applicant, learned AGA for opposite party no. 1 and 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 main....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Excise Act, 1910 for filing civil appeal against the order of confiscation of vehicle, the instant 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 und....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ter giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, 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 jud....