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Case Law Details

Case Name : Yashpal Vs State of U.P. and Another (Allahabad High Court)
Appeal Number : Application U/S 482 No. 28477 of 2021
Date of Judgement/Order : 03/03/2022
Related Assessment Year :
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Yashpal Vs State of U.P. and Another (Allahabad High Court)

clause (e) of sub-Section (1) of Section 72 of U.P. Excise Act, 1910 provides that whenever an offence is punishable under this Act, every animal, cart, vessel or other conveyance used in carrying such receptacle or package shall be liable to The power of confiscation of vehicle has been given to the Collector of the District and sub-section 7 of Section 72 provides appeal against the order of confiscation under sub-section 2 or sub-section 6 of Section 72 to the Judicial Authority as the Government may appoint.

It is noteworthy that for the purpose of section 72(7) of U.P. Excise Act vide Notification No.4986 (E)/XIII-517 dated June 4th, 1978 of आबकारी अनुभाग, appellate judicial authority appointed by the State Government is “District Judge” and an appeal should be regarded as Civil Appeal (not Criminal) and is required to be decided by the District Judge himself.

UP Excise Act section 72(7) Civil Appeal required to be decided by District Judge

In view of the above, there is no dispute that as per provisions of Section 72(7) of U.P. Excise Act, 1910, against the order of confiscation passed by the District Magistrate, Civil Appeal would lie before the District Judge of the respective District.

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