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Neutral Citation No. - 2025:AHC:39674 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2605 of 2025 Petitioner :- Parvez Respondent :- State of U.P. Counsel for Petitioner :- Hemant Sharma,Santosh Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. Petitioner before this Court is the owner of vehicle (Tata Tempo No. U.P. 13 AT 8532). The said vehicle was intercepted by the excise department alongwith the police in which 20 cartons of illegal liquor (Royal Stag Brand) was recovered. Proceedings were initiated against the petitioner under Section 72 of the Excise Act and a penalty of Rs. 2,25,000/- was imposed by Collector, Bulandsahar. Against the order passed by the Collector, Bulandsahar an appeal was preferred which has been rejected by the order impugned.
2. Learned counsel for petitioner submits that petitioner was not named in the FIR and it was the driver who was carrying the alleged illegal liquor without his consent.
3. Learned Standing Counsel has opposed the writ petition.
4. I have heard learned counsel for respective parties and perused the material on record. From perusal of material on record, it is clear that seizure made by the excise department as well as the police of 20 cartons of illegal liquor is from the vehicle in question of which petitioner is the owner. The liability is upon the petitioner as to how the vehicle has landed in hands of the driver, who was transporting the said liquor without any authority. The penalty imposed by the Collector, which has been affirmed by the appellate court, needs no interference by this Court.
5. Writ petition is misconceived and same is dismissed, accordingly. However, in case, the entire amount is deposited by petitioner within two months from today, the authorities shall release the vehicle in question after deposit of penalty amount. Order Date :- 19.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad