Allahabad High Court
Gulshan vs State Of U.P. And 3 Others on 19 October, 2020
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2380 of 2020 Petitioner :- Gulshan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Jaiswal Counsel for Respondent :- G.A. Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Instant petition under Article 227 of the Constitution has been filed seeking the following reliefs:
"i. To, set aside the judgment and order dated 21.3.2020 (Annexure No. 4) passed by Session Judge, Baghpat in Criminal Revision No. 35/2020 (Gulshan vs. State of U.P.), and order dated 24.2.2020 (Annexure No. 3) passed by Chief Judicial Magistrate, Baghpat.
ii. To, direct the respondents to release the vehicle (Eicher Canter Turbo) No. HR-69B-3198 in favour of the applicant which was illegally seized by the police of Police Station Balaini, District Baghpat."
It is noted in the impugned order that the proceedings for seizure of the contraband and the vehicle is pending before the District Magistrate under the provisions of U.P. Excise Act, 1910.
On specific query, learned counsel for the petitioner does not dispute that the proceedings is pending before the competent authority. He submits that the petition may be dismissed as withdrawn with liberty to the petitioner to pursue remedy before the competent authority under the Excise Act.
The petition is, accordingly, dismissed as withdrawn with the aforesaid liberty.
Order Date :- 19.10.2020 S.Prakash