Court No. - 67
Case :- CRIMINAL REVISION No. - 248 of 2019 Revisionist :- M/S Pernod Ricard India Pvt. Ltd. Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Siddharth Singhal Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the revisionist and learned AGA for the State.
There are two orders under challenge dated 27.10.2018 and 27.11.2018, the earlier order was on behalf of Awdhesh Kumar Yadav for the release of 465 boxes of liqor holding 19680 of the bottles from the truck in question. The said application was rejected by the C.J.M., Ghazipur on the ground that Sri Awdhesh Kumar Yadav has not produced any document showing that he has been authorized by the company Pernod Ricard India Pvt. Ltd. to have a release of those 465 boxers and consequently the said application was moved by Shubham Tiwari, Regional Sales Manager that too was rejected by second impugned order dated 27.11.2018 rejecting release application was rejected and therefore a second release application cannot entertained, the reasoning assigned is surprising.
Learned counsel for the revisionist submits and drawn the attention of the Court to the power of attorney by the company annexed as Annexure-5 to the affidavit in which he Director vide order dated 30.10.2018 authorized Shubham Tiwari to have release of those boxes of liqor but for the strange reasons, the reasons the said application too was rejected on 27.11.2018 yet the items is punishable good.
Learned counsel for the applicant has relied upon the citation of Sunderbhai Ambalal Desai Vs. State of Gujrat reported in (2002) 10 SCC 283.
In view of the above let the orders dated 27.10.2018 and 27.11.2018 are hereby quashed with a direction that within a period of four weeks from today CJM, Ghazipur would reconsider and passed appropriate order in the light of the judgment of Sunderbhari (supra) by a reasoned and speaking order within the aforesaid period stipulated herein above.
With the aforesaid observation, the present revision stands disposed at the admission stage.
Order Date :- 21.1.2019 Abhishek Sri.