Narender v. State

ORDER %

28.11.2011 This is a petitionagainstthe orders dated 24'^ May, 2011 and 14th July, 2011 of MM passed in case FIR No.112/11 under Section 33 of the Excise Act registeredat P.S. Aman Vihar. Vide the impugnedorder, the MM has dismissed the applicationfor release of vehicleNo.HR-56-7290on superdari. The aforesaid vehicle along with 27 cartons of liquor was confiscatedand when the said vehicle was being driven by the driver, Naseeb Singh. The applicationbefore the MM for release of vehicle on superdari was filed by one Virender, son of Jagat Singh, attorneyof Narender,the petitionerherein. The saidapplicationwas dismissedby the MM vide impugned order dated 24th May, 2011 stating that he was not Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. /» empoweredto releasethe vehicleon superdariinvolvedin DelhiExciSeActcases. A review againstthat order was also dismissedby him on 14th July, 2011 again maintainingthe same reasoning. The presentpetitionhas been filed by Narender claiminghimselfto the ownerof aforesaidvehicleHR-56-7290. It hasbeenstated by learned APP that Virender also filed the applicationfor release of vehicle before the Excise Commissioner, but the same was not allowed since it was not by the registeredowner and the addresswas also foundnot correct. I have heard the learned APP and the 10 who is present and nothing could be pointed out to show that though the liquor was confiscated,the vehicle in questionwas also confiscated. The vehiclein questionwas seized by the Police and not confiscated and if that was so. Section 58, Delhi Excise Act would not apply with regard to the vehicle in question and the procedure that was to be followedregarding the vehicle was to be found in Chapter VI of Delhi ExciseAct and also Section 451, Cr.P.C. The vehicle is stated to be no more required by the Police. The same is directed to be released to the registered owner on superdari on the usual terms and to the satisfaction of the learned MM. The petition is disposed of Dasti. M.L. MEHTA,J NOVEMBER 28, 2011 skw

$-25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2540/2011 NARENDER Petitioner Through : Mr. Vimal Puggal, Adv. versus STATE Respondent Through : Ms. Fizani Husain, APP for the State along with ASI Nand Kishore, P.S. Aman Vlhar. CORAM: HON'BLE MR. JUSTICE MX. MEHTA