JUDGMENT :

1. Heard learned counsel for the applicant, learned AGA for opposite party no. 1 and perused the record.

2. The instant application under Section 482 Cr.P.C. has been preferred by the applicant to quash the order dated 08.10.2021 passed by Judicial Magistrate, Court No. 2, Mainpuri whereby an application for release of Vehicle No. UP-84-AH-0198 of the applicant has been rejected mainly on the ground that Vehicle No. UP-84-AH-0198 of the applicant which was seized in Case Crime No. 144 of 2021, under Section 60 Excise Act, Police Station Ghiror, District Mainpuri has been confiscated by the order of District Magistrate in favour of the State, therefore, application under Section 457 Cr.P.C. for release of the said vehicle by the applicant is not maintainable.

3. Learned counsel for the applicant submits that aforesaid vehicle of the applicant is lying in police station and in case, the same is not released in favour of the applicant, the condition of the vehicle will be deteriorated, therefore, no useful purpose would be served in keeping the said vehicle in the police station.

4. Learned AGA submits that in view of the alternative remedy available under the U.P. Excise Act,