JUDGMENT :

1. This criminal misc. application under section 482 Cr.P.C. is filed challenging the order dated 16.04.2021 passed by Chief Judicial Magistrate, Mainpuri and order dated 02.09.2021 passed by Sessions Judge, Mainpuri in criminal revision no.28 of 2021 (Akhilesh Kumar vs. State of U.P.) in crime no.165 of 2021 under Sections 60/72 Excise Act and Section 272, 420 IPC, P.S. Kotwali, District Mainpuri.

2. In brief the facts are that an FIR crime no.165 of 2021 was lodged on 16.03.2021. According to prosecution case on 16.03.2021, the police party on information received from informer, intercepted 3 four wheelers and on search recovered 200 ltrs adulterated illicit liquor contained in five jerrycans and seized two vehicles Mahindra Marazzo, Registration No. UP 84 CA 5621 and a Toyota Qualis bearing no. UP83 AR 4994. The police also arrested seven persons who are named in the FIR. The applicant moved an application before the Chief Judicial Magistrate, Mainpuri for release of vehicle No. UP 84 CA 5621 Mahindra Marazzo, on the ground that he is the registered owner of the vehicle. On 15.03.021 his driver has took away the vehicle in marriage of his relative. The police seized the