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2007 Supreme(J&K) 261

VIRENDER SINGH
Excise Commissioner – Appellant
Versus
Ab. Qayoom – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Bhat
Advocate For Respondent: C.M. Gupta
Advocate For Respondent: K.L. Sharma
Advocate For Respondent: Sunil Hali

1. All the aforesaid four petitions are clubbed together for the purposes of disposal by a common order as the point for consideration in all the four cases is virtually the same.

2. Cr. Rev. No. 61/2004 has been filed against the orders dated 04-06-2004 and 16-07-2004 respectively vide which the Truck bearing No. JK-13 0623 seized by Excise Department, registration certificate and route permit relating to the said vehicle have been ordered to be released in favour of the respondent(s). Revision petition No.32/2006 and Petition under section 561-A No.49-S/2006 have been filed against the orders of learned Sessions Judge Kathua dated 13-04-2006 and 10-08-2006 respectively vide which two vehicles (Trucks) bearing registration No.PB-12 G 7866 and PB 10-Y8055 have been ordered to be released on `Superdari in favour of the registered owners/respondents.

3. In Cr. Rev. No.85/2006, the order dated 25-08-2006 passed by the learned Sessions Judge, Kathua has been impugned showing the grievance that respondent/accused Jarnail Masih should have also been charged under section 48-A of the Jammu and Kashmir Excise Act, 1958 (hereinafter for short referred to as the "Excise Act) along with the cha























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