Allowed

Naresh Rana v. State of U.P. and Another

Allahabad HC29 Jul 2024A482/18903/2024

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 CrPC to release a Maruti Baleno seized for alleged narcotics transportation. Directing the release of the vehicle subject to trial court conditions, the court noted that investigation appears complete and directed the District Magistrate to initiate auction proceedings in future similar cases.

What did the court decide?

The applicant is inducted in the vehicle bearing No.UP-81-CY-5804 subject to conditions as the trial court may deem fit.

Naresh Rana vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145135

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 18903 of 2024

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Applicant :- Naresh Rana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Beenu Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record.

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The instant application has been preferred with the prayer to quash the impugned order dated 29.3.2024 passed by Special Judge (SC/ST Act), Sonbhadra in Case Crime No.135 of 2023, under section 8/20/29 of NDPS Act, registered at P.S. Buddhi, District Sonbhadra, whereby the application seeking for release of the vehicle Maruti Baleno Car bearing No.UP-81-CY-5804 has been dismissed.

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Learned counsel for the applicant submits that the applicant is the owner of the vehicle bearing No.UP-81-CY-5804, which was found to be involved in commission of offence registered by the Police in the aforesaid case. The said vehicle was seized by the police with the allegation of transportation of narcotic substance (Ganja). Thereafter, the applicant moved an application before the court of learned Special Judge (SC/ST Act), Sonbhadra, for release of the vehicle, but vide order dated 29.3.2024, the application was rejected. The vehicle is lying in the police custody since 19.9.2023 which is causing inconvenience to the business of the applicant. He further contends that the vehicle was the only source of income of his family because of seizure of the said vehicle, entire family is facing hardship.

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Aggrieved by the order dated 29.3.2024, the applicant has preferred the instant application before this Court for release of the vehicle in his favour.

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On perusal of the report, it transpires that the vehicle was seized on 19.9.2023. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in

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Police Station.

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In view of law laid down by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat 2002 SCC Online SC 934 , let the vehicle be released in favour of the applicant subject to the conditions as the trial court may deem fit and proper. It is further directed that in future, the vehicle is involved in similar offence, the District Magistrate may initiate proceedings for auction of vehicle soon after the seizure.

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The instant application stands allowed.

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Order Date :- 5.9.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Naresh Rana v. State of U.P. and Another

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Naresh Rana v. State of U.P. and Another

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