2022 (3) TMI 1056

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....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 mainly on the ground that Vehicle No. UP-84-AH-01....

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.... 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 under this Act, every animal, cart, vessel or other co....

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.... 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 judicial authority appointed by the State Government is "District....