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2015 Supreme(All) 585

ARVIND KUMAR MISHRA
RAMESH CHANDRA JUNWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sunil Kumar Singh for the Revisionist; A.G.A. for the Opposite Party.

JUDGMENT

Hon’ble Arvind Kumar Mishra-I, J.—Heard learned counsel for the revisionist and learned AGA for the State.

2. By means of the instant revision, the order dated 15.3.2013 passed by the Judicial Magistrate, Court No. 2, Ballia, in Case No. 4610 of 2012, State v. Amar Singh, arising out of Case Crime No. 296 of 2012 under Sections 419, 420, 467, 468, 471 I.P.C. and 60 Excise Act, Police Station Bansdeeh Road, District Ballia has been challenged whereby the prayer for release of the vehicle bearing number M.P.13 GA/1842 has been refused.

3. Before proceedings further with the case, it would be appropriate to give a brief sketch of the facts of this case as discernible from the record. On 21.10.2012 around 9:40 p.m., the complainant Arun Kumar Dubey, S.H.O., Police Station Bansdeeh Road, District Ballia, seized the vehicle bearing number M.P.13 GA/1842 and recovered 625 boxes containing 30000 bottles of liquor, arresting the four persons. The First Information Report was lodged very same day at 23:45 hours at the aforesaid police station at Case Crime No. 296 of 2012 under Sections 419, 420, 467, 468, 471 I.P.C. and 60 Excise Act.

4. It has been submitted by learned counsel for















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