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Dinesh Kumar v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. - 2692 of 2007  RD-AH 14905 (3 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 36
Crl.Misc. Application no. 2692 of 2007
Billu Jain. . . . . . . . . . . . . . . .. . . . . . . . .. . . . . .Applicant.
State of U.P. and another .. . . . . . . . . . . . . . . . . . Opp.Parties.
Hon'ble R.K. Rastogi,J.
This is an application under section 482 Cr.P.C. to quash the order dated 19.12.2006 passed by the Addl. Chief Judicial Magistrate, Court No. 1, Ghaziabad and the order dated 19.1.2007 passed by the Addl. District & Sessions Judge, Court No. 11, Ghaziabad in respect of the case crime no. 58 of 2006 of police station Loni district Ghaziabad under sections 420, 467, 424, 468, I,.P.C. and section 28-Ka of the Trade Tax Act.
The facts relevant for disposal of this application are that in between 18/19.1.2006 at about 12 mid night 450 Tins of vegetable oil were recovered by the officials of Trade Tax Department. The same were being carried in truck no. HR 55-B-0390. The truck was coming from Delhi and on being asked by the officials of Trade Tax Department to stop the vehicle, the driver of the truck ran away. One Indica car no. DL. 55 N/5000 was following the truck. The persons sitting in the car obstructed the employees of the Trade Tax Department in doing the checking etc. The police personnel arrested one person who disclosed his name as Pankaj Jain. He confessed that 450 Tins vegetable were being carried from another State to Uttar Pradesh without payment of tax in the said truck in violation of the provisions of the Trade Tax Act. No papers relating to the said tins containing vegetable oil could be produced and then the Trade Tax officer lodged a report at the police station Loni district Ghaziabad at that very night.
The police investigated the case and submitted charge sheet in the case on 7.3.2006.
An application for release of the aforesaid tins of vegetable oil was moved by the present applicant Billu Jain claiming himself to be owner thereof. He also filed an affidavit in support of the said application in which he stated that he alone was the owner of the vegetable. Oil This application was rejected by the Addl. Chief Judicial Magistrate, Court no.1, Ghaziabad on the ground that no document in support of ownership of the tins of vegetable oil was produced. Thereafter the applicant filed a criminal revision against the above order which was registered as Criminal Revision no. 568 of 2006. It was heard and dismissed by Smt. Sadhana Rani Thakur, then Addl. District & Sessions Judge, Court no. 11, Ghaziabad on 19.1.2007. Then applicant filed this application under section 482 Cr.P.C. before this Court.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It may be mentioned that application was filed on 8.2.2007 and thereafter repeated opportunities were given to the State to file counter affidavit but no counter affidavit has been filed so far.
The learned counsel for the applicant submitted that the tins of vegetable oil belong to the applicant, and no body else has appeared to claim ownership of the said vegetable oil so far, though it was recovered on 19.1.2006. He further submitted that the applicant is ready to deposit the amount of tax which may will be levied upon him under the provisions of the Trade Tax Act, and so the vegetable oil should be released in his favour after deposit of the trade tax . It was further submitted that if the vegetable oil is not released, its condition will deteriorate day by day and the applicant will suffer heavy loss.
Taking all these facts and circumstances into consideration, I pass an order that the aforesaid 450 Tins of vegetable oil may be released in favour of the applicant on deposit of the amount of tax which is leviable upon it under the provisions of the Trade Tax Act, and on giving an undertaking that in case there appears any other claimant of the above vegetable oil and if his claim is found to be genuine by the court, the applicant shall deposit price of the vegetable oil for payment to that claimant. The Addl. Chief Judicial Magistrate concerned on receipt of the copy of this order shall obtain a clear report from the Trade Tax Department as to how much amount is to be realized as trade tax for the above vegetable oil and then on deposit of that amount and on furnishing the undertaking as directed above, the vegetable oil in question shall be released in favour of the applicant.
The application under section 482 Cr.P.C. is finally disposed of with the above observations.
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