JUDGMENT :

1. Heard learned counsel for the petitioner Shri Ashutosh Singh and learned A.G.A. for the State.

2. Instant criminal Misc. petition under Article 227 of the Constitution of India has been filed by the petitioner to set aside the order dated 30.05.2022 passed by learned District Judge, Mathura in Civil Appeal No. 25 of 2020 (Satyabhan Vs. District Magistrate and another) as well as order dated 17.01.2019 passed by Additional District Magistrate (F&R), Mathura in Case No. 01798 of 2018 (Satyabhan Vs. State) under Section 72 U.P. Excise Act, 1910 otherwise petitioner shall suffer irreparable loss. By the impugned order dated 17.01.2019, learned A.D.M (F&R) has passed an order of confiscation of the truck bearing registration No. HR 67 B 1888 seized by police under Sections 60/72 Excise Act under Crime No. 382/2017 under Sections 420, 120B I.P.C.

3. Learned ADM (F&R) has directed auction of said vehicle and sale proceeds be deposited with Government treasury in criminal head, and also given an option to vehicle owner to deposit the current price of vehicle as ascertained by R.T.O.

4. Feeling aggrieved by the said confiscation order passed by learned ADM (F&R), the petitioner/ow