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1992 Supreme(All) 446

SURYA PRASAD
JAI PRAKASH SHARMA – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
DILEEP KUMAR, Ramesh Sinha,

SURYA PRASAD, J.

This is a Criminal Revision against the order dated 25th May, 1992 passed by the Chief Judicial Magistrate, Etawah, by which, the application of the applicant-revisionist for the release of Truck No. M P. 07/4865 was rejected.

2. The facts giving rise to this criminal revision briefly stated are that the aforesaid Truck No. M. P. 07/4365 belongs to the applicant-revisionist. This truck was intercepted and seized by the Flying Squad of the police attached to the Sales Tax Department, district Etawah, on 26th February, 1992, at 12 noon, near District Jail, Etawah. After the interception, the Inspector concerned recovered illicit liquor from the truck and prepared a recovery memo to the effect on the spot itself. The Inpector took the aforesaid truck to the Police Station Kotwali, Etawah, where he lodged a first information report on the basis of the recovery memo prepared by him on the spot. It was on the basis of the recovery memo that a case under Sections 60/72 of Excise Act against Jayanti Singh was registered. The Excise Inspector concerned reported the matter to the District Magistrate for initiation of proceedings under Section 72 of Excise Act. Consequently t









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