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2023 Supreme(All) 1054

KARUNESH SINGH PAWAR
Chandra Rekha – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. / Prin. Secy. Home, Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nadeem Murtaza,Suryansh Singh Suryavanshi,Wali Nawaz Khan

JUDGMENT :

1. Heard learned counsel for the petitioner and Shri Alok Tiwari, learned A.G.A. for respondent no. 1, 3 and 4 and has filed affidavit on their behalf which is taken on record.

Learned A.G.A. has also filed a personal affidavit on behalf of respondent no. 2 informant of the case which is taken on record.

2. Learned counsel for the petitioner submits that the petitioner is the sole proprietor of M/s Glorious Khushi Enterprises and the Tanker vehicle No. UP70JT8187 is registered in the name of the said firm. It is alleged in the recovery memo that on a tip received by the informant, vehicle of the petitioner i.e. tanker bearing No. UP70 JT 8187 was intercepted and driver of the tanker namely Ramesh and Azhar Ali were apprehended. They confessed their crime and further alleged that co-accused Ankit Sahu, Vakil Ahmad, Mukesh, Avinash and Rahul Kumar Rawat were also involved in the illicit sale-purchase of ATF who were coming behind in a Creta Car bearing No. UP78 GW 1792. The Creta Car was also intercepted and all the accused persons were arrested. The accused confessed that they steal ATF from airport and sell it in the open market after filling it in tanker. On inspecting the

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