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1994 Supreme(All) 75

KUNDAN SINGH
BULAKI DAS – Appellant
Versus
STATE OF U P – Respondent


KUNDAN SINGH, J.

This revision has been filed against the order dated 8-11-1993 passed by the Session Judge, Agra, in Criminal Revision No. 568 of 1993 whereby the order dated 20-10-1993 passed by the Chief Judicial Magis trate, Agra, directing release of the Ambassador Car No. U. P. 80-6283 was set aside. Ambassador Car was taken into custody by the police of P. S. Sadar Bazar, Agra on 25-9-1993 and 144 bottles of foreign liquor were seized and Om Prakash alias Omi was arrested in case under Section 7/63 of Excise Act. The applicant moved an application before the C. J. M. , Agra for release of the said vehicle in his favour with the allegation that he is registered owner of the vehicle, which was taken by the accused Om Prakash alias Omi for taking part in a ceremony arranged by one of his relation but the police has arrested Om Prakash alias Omi and seized the Ambassador Car and foreign liquor. The learned Magistrate after hearing the parties directed the vehicle to be released in favour of the applicant on his furnishing surety in the sum or Rs. 1,00,000 and required him to produce the vehicle in Court whenever required. The State filed a revision against that order before Sess








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