Allowed

Vishal Agarwal v. State of U.P. and Another

Allahabad HC10 Jul 2019A482/16177/2019

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, this court relied on Supreme Court precedents regarding seized vehicles in NDPS cases. The court directed the State to release the applicant's car pending hearing against furnishing a suitable bond and security.

What did the court decide?

The opposite party is directed to release the vehicle in favour of the applicant after obtaining appropriate bond and guarantee as well as security.

Vishal Agarwal Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 69 Case :- APPLICATION U/S 482 No. - 16177 of 2019 Applicant :- Vishal Agarwal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Shukla,Ronak Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Ronak Chaturvedi, learned council for the applicant and Sri Abhinav rasad, learned AGA appearing for the State and also perused the record.

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The present application under section 482 Cr.P.C. has been filed with the prayer to set aside the order dated 19.3.2019 passed by 9th Addl. Sessions Judge, Agra in S.T.No.62 of 2018, State Vs. Vishal & Others, arising out of Case Crime No.27 of 2018, under sections 8/20/60 of NDPS Act, P.S.Jagidshpura, District Agra whereby the application of the applicant seeking release of his Skodia Rapid Car has been rejected.

¶5

In this context learned counsel for the applicant has placed reliance on a judgement of the Apex Court reported in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat,Slp(Crl.) No.2745 of 2002 and C,M Mudaliar Vs. State of Gujrat (2002) 10 SCC 283,Slp (Crl.) No.2755 of 2002. In paragraphs 17 & 18 of the above judgement the Apex Court has held that:

¶6

" In our view, whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."

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"In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company then insurance company be informed by the Court to take possession of the vehicle which is not claimed by the owner or a third person. If Insurance company fails to take possession, the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchnama should be prepared."

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Having considered the submissions advance by the learned counsel for the applicant and in view of the above judgement of the Apex Court, the opposite party no.2 is hereby directed to release the vehicle in question in favour of the applicant after obtaining appropriate bond and guarantee as well as security for return of the said vehicle, if required at any point of time.

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With the aforesaid observation, the application stands disposed off.

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Order Date :- 10.7.2019/IA

Vishal Agarwal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vishal Agarwal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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