Court No. - 55
Case :- CRIMINAL REVISION No. - 2985 of 2016 Revisionist :- Tara Singh Opposite Party :- State Of U.P. & 2 Others Counsel for Revisionist :- Arvind Kumar Dixit,Devesh Vikram,Ronak Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
The present revision has been filed challenging the Judgement and order dated 15.9.2016 passed by Addl. District & Sessions Judge, Auraiya in Criminal Appeal No. 15 of 2016 (Tara Singh vs. State of U.P.) as well as order dated 31.3.2016 passed by District Magistrate, Auraiya in Case no. D-201530500657 (State vs. Tara Singh and another).
The facts of the case in brief are that on 26.10.2015 the police team of police station-Alchchada had seized the Scorpio car of the revisionist having registration no. MH34AM1600 on the charge that the said vehicle is involved in transporting of illicit liquor.
By order dated 31.3.2016, the District Magistrate, Auraiya had directed for confiscation of the aforementioned vehicle with a liberty to take the custody of the vehicle by depositing the prevalent market value of the Scorpio car.
In the present revision, the revisionist has challenged the order of District Magistrate, as well as order of Addl. Sessions Judge, Auraiya but the revisionist has also come up with a prayer that he be given an opportunity to avail the option given by the District Magistrate, Auraiya in the order dated 31.3.2016.
Learned counsel for the revisionist submitted that the revisionist is ready to pay the market value of the vehicle in question. He further submitted that he has paid the entire amount of loan of the said vehicle and he further undertakes to clear the remaining instalments, if any, within shortest possible time.
The revisionist is directed to approach the District Magistrate and file an application for depositing the prevent market value of the vehicle in question before the District Magistrate, Auraiya.
If the revisionist after passing of this order approached the District Magistrate for releasing of his vehicle after depositing the questioned amount, the District Magistrate, Auraiya may pass fresh order on the application of the revisionist within a period of one month from the date of production of certified copy of this order.
The revision is accordingly, allowed.
The order dated 15.9.2016 passed by Addl. District & Sessions Judge, Auraiya in Criminal Appeal No. 15 of 2016 (Tara Singh vs. State of U.P.) shall be kept in abeyance till passing of the order of District Magistrate, Auraiya.
Order Date :- 21.8.2018 Faridul