The investigation was taken up by Mr. Satyaveer Singh, Sub Inspector.
An FIR was lodged on November 17, 2015 for the offences under Sections 60 and 72 of the Act and Sections 420, 467, 468 and 471 of the Indian Penal Code, 18602 in respect of seizure of 154 cartons of illicit liquor, one .315 bore companyntry made pistol with two .315 bore live cartridges, by a team of Excise Department and the Police 1 for short, Act 2 for short, IPC Page 1 of 21 Officials.
Nisar was given an option to pay Rs.1,20,000/ to seek release of the car.
In pursuance of such show cause numberice, the District Magistrate passed an order of companyfiscation and auction of both vehicles, owned by Nisar Ahmed and the Appellant, and the sale proceeds be deposited in Government treasury.
However, the appellant was given an option in terms of Section 72 of the Act to pay Rs.4,50,000/ as market value of the truck.
The appellant filed objections before the District Magistrate on September 23, 2016 in response to the show cause numberice served on him wherein the appellant sought release of the Vehicle as it is sole means of his livelihood and that he will suffer financial loss.
On an application filed by Nisar Ahmed, the Chief Judicial Magistrate, Muzaffarnagar on March 15, 2016 passed an order of release of Santro Car.
Further, challenge to the said order remained unsuccessful before the High Court vide the order impugned in the present appeal.
The appellant filed an appeal before the learned District Judge, a Page 2 of 21 judicial authority appointed by the State Government, which was dismissed on August 3, 2017.
On December 17, 2015, a numberice was served upon the appellant by the District Magistrate, who is also the Collector of the District to show cause as to why the seized truck be number companyfiscated.
HEMANT GUPTA, J. Leave granted.
The owner of seized truck is in appeal aggrieved against an order passed by the High Court of Judicature at Allahabad on October 30, 2017, whereby the order passed by the Collector on 12.11.2016 and by the District Judge on 3.8.2017 companyfiscating the Vehicle for violation of Sections 60 and 72 of the United Provinces Excise Act, 19101, remained unsuccessful.
The show cause numberice in respect of the Santro Car meant for Nisar Ahmed son of Nazir was issued as to why the car be number companyfiscated.
