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2016 Supreme(All) 1476

SUDHIR AGARWAL, K.J.THAKER
MOHD. IQBAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Kumar, Praveen Kumar and Trapti Gupta for the Petitioners; C.S.C. and C.B. Tripathi for the Respondents.

JUDGMENT

By the Court.—Heard Sri Ashok Kumar, learned counsel for petitioners and Sri C.B. Tripathi, learned Standing Counsel for respondents.

2. Grievance of petitioner is that respondent-3 intercepted petitioner’s vehicle, i.e., Truck No. RG-01 GB-5544 carrying certain goods at National Highway-24 and asked petitioner-2 to hand over all documents relating to goods. The documents available with petitioner-2 were handed over to which respondent-3 alleged that there are certain discrepancies and therefore seized the goods alongwith vehicle on 3.10.2014 despite request of Driver to unload the goods and release vehicle. However, without any power or authority of seizure of vehicle and without seizing the vehicle with due process of law, respondent-3 illegally detained vehicle for more than 25 days and thereafter lodged report bearing Case Crime No. 1755 dated 31.10.2014 under Sections 420, 120B, 467, 468, 470, 471 and 472 I.P.C. at Police Indirapuram but vehicle in question was not handed over to Police but remained under custody of respondent-3. It is only when all these facts were brought to the notice of this Court and this Court passed following order on 22.1.2015, vehicle in quest






























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