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2021 Supreme(UK) 619

NARAYAN SINGH DHANIK
Trilok Singh – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Birendra Singh Adhikari, Advocate, Dinesh Singh Chauhan, Advocate

JUDGMENT

N.S.Dhanik, J. - By means of present C-482 Petition, the petitioner seeks to quash the impugned order dated 03.09.2019 passed in Case No. 43 of 2019 (Crime No. 49 of 2018-19), under Sections 60/72 of the United Provinces Excise Act, 1919 (hereinafter referred to as "the Act"), Police Station Jajardeval, District Pithoragarh. Further prayer is made to direct the respondents to release the vehicle of the petitioner having registration no. UK07-CA 7222 in terms and conditions, which this Court deems fit and proper.

2. Heard leaned counsel for the parties.

3. Petitioner is the owner of truck no. UK07-CA 7222. On 28.10.2018, the said truck was seized with the allegation that illicit liquor was being transported on forged documents. Pursuant thereto, criminal proceedings were launched against the accused persons including the petitioner. In addition, respondent no.2 also recommended for the confiscation of the aforementioned truck of the petitioner in terms of Section 72(2) of the Act.

4. Section 72 (2) of the Uttarakhand (the U.P. Excise Act, 1910) (Amendment) Act, 2019, reads as follows:

    ""(2) Where anything or animal is seized under any provision of this Act, and the officer seiz

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