Heard the learned cousnel for the applicant and learned AGA.
The Tempo is being utilizing to commit crime of looting the passengers and their valuable ornaments. There is no error in the impugned order dated 27.3.2010 passed by Additional Sessions Judge, Court No. 2 Bhadohi in Cr. Revision No. 23 of 2010 Vimal Kumar Agrahari Vs. State.
Learned counsel for the applicant in support of the prayer for release of the tempo has relied upon the Judgment of Apex Court in the case of Sundar Bhai Amba Lal Desai Vs. State of Gujrat, 2003, (46) ACC 223. The said judgment has no help to the applicant in so far as that was a case wherein the vehicle was not utilized for looting the passengers and their valuables. The applicant cannot be allowed to reap the benefit of the said judgment when he is utilizing the vehicle for commission of crime of looting the passengers. He further relied upon a judgment in case of Ravindra Nath Yadav Vs. State of U.P. 2007 (58) ACC 145 and in another judgent Ras Bihari Chandrabhan Yadav Vs. State of U.P. reported in 2007 (57) ACC 1057. None of the judgments is applicable to the fact of the present case. The application is dismissed.
This application is meritless and is dismissed.
Order Date :- 10.5.2010 Gss