Allowed

Pramod Kumar Dubey v. State of Up and 3 Others

Allahabad HC19 Sept 2024A482/24674/2024

Case brief

AI extract

What is this about?

Applicant sought release of two vehicles seized by police in a cow slaughter case after the District Magistrate rejected his application. The court, noting investigation was likely complete and relying on Supreme Court precedent, ordered release on conditions that the vehicles be produced when required and not disposed of during trial.

What did the court decide?

Vehicles B.R-44 G.A. 9723 and B.R-21 G.B. 9968 released to applicant subject to production on demand, no disposal during trial, other conditions per trial court.

Pramod Kumar Dubey vs State of Up and 3 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:163055

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 24674 of 2024

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Applicant :- Pramod Kumar Dubey Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Ashok Kumar Mishra,Sunit Kumar,Yatish Kumar Dwivedi 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 and learned A.G.A. for the State.

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The instant application has been preferred with the prayer to release the vehicles of applicant i.e. bearing registration no. B.R44 G.A. 9723 and B.R-21 G.B. 9968, which had been sized by the police in case no. 451 of 2024 and case crime no. 154 of 2023, titled as State v. Pramod Kumar Dubey, under Section 5(ka) of U.P. Cow Slaughter Act, 1955.

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Learned counsel for the applicant states that the applicant is owner of the vehicle bearing registration no. B.R-44 G.A. 9723 and B.R-21 G.B. 996, 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 cow progeny. Thereafter, the applicant moved an application before the District Magistrate, Jalaun for release of the vehicles, but vide order dated 28.06.2024 the application was rejected. The vehicle is lying in the police custody since 04.07.2023 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 28.06.2024, the applicant has preferred the instant application before this Court for release of the vehicles in his favour.

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On perusal of the report, it transpires that the vehicle was seized on 04.07.2023. 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 Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934 , let the vehicles be released in favour of the applicant subject to the conditions that applicant shall produce the vehicles as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, applicant shall not sell or dispose of the vehicle. The other conditions viz. security bond etc., shall be decided by the trial Court as the Court may deem fit and proper.

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The instant application stands allowed .

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Order Date :- 4.10.2024 Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Pramod Kumar Dubey v. State of Up and 3 Others

Case brief

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Pramod Kumar Dubey v. State of Up and 3 Others

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