Indrapal vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Indrapal vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the vehicle bearing registration no. UP 44 T 0092 to the applicant, subject to production of the vehicle whenever required by the Police or the trial Court, non-sale/non-disposal during the trial, and such further conditions (including security bond) as the trial Court deems fit.

Issue for consideration

Whether the vehicle bearing registration no. UP 44 T 0092, seized by the police in Case Crime No. 134 of 2023, P.S. Alinagar, District Chandauli, should be released to the applicant who claims to be its owner. +1 more

Court's answer

Since the vehicle was seized on 15.05.2023 and the investigation by the police can safely be presumed to have been completed by now, there is no reason for the investigating officer to keep the vehicle in the Police Station.

Ratio / Principle

In view of the law laid down by the Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, the vehicle is to be released in favour of the applicant subject to the conditions that he shall produce the vehicle(s) as and when required by the Police or the Court where the trial is pending, and shall not sell or dispose of the vehicle during the pendency of the trial.

Key takeaways

The remaining conditions of release, such as furnishing a security bond, are left to be decided by the trial Court as it may deem fit and proper.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Vinod Diwakar, J.; Order dated 4.2.2025; Neutral Citation 2025:AHC:15185) — Section 482 application by Indrapal for release of his vehicle (Regn. No. UP 44 T 0092) seized on 15.05.2023 by police of P.S. Alinagar, District Chandauli in Case Crime No. 134 of 2023 on an allegation of transportation of cow progeny. His application to the District Magistrate, Chandauli was rejected on 07.09.2024, and his revision before the trial Court was rejected on 01.01.2025 (the impugned order). Holding that the investigation could safely be presumed complete and there was accordingly no reason for the investigating officer to keep the vehicle at the Police Station, and relying on Sunderbhai Ambalal Desai v. State of Gujarat, 2002 SCC OnLine SC 934, the Court released the vehicle to the applicant subject to: (i) production of the vehicle as and when required by the Police or the Court where the trial is pending; (ii) no sale or disposal of the vehicle during the pendency of the trial; and (iii) other conditions, including security bond, to be fixed by the trial Court. Application allowed.

Neutral Citation No. - 2025:AHC:15185

Court No. - 76

Case :- APPLICATION U/S 482 No. - 3231 of 2025

Applicant :- Indrapal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant application has been preferred with the prayer to release the vehicle of applicant i.e. bearing registration no. UP 44 T 0092, which had been sized by the police in Case Crime No. 134 of 2023, P.S. Alinagar, District Chandauli.

Learned counsel for the applicant states that the applicant is owner of the vehicle bearing registration no. UP 44 T 0092, 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, Chandauli for release of the vehicles, but vide order dated 07.09.2024, the application was rejected. Aggrieved by the said order, the applicant preferred a revision before the learned trial Court, which was rejected vide order dated 01.01.2025. The vehicle is lying in the police custody since 15.05.2023 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.

Aggrieved by the order dated 01.01.2025, the applicant has preferred the instant application before this Court for release of the vehicle in his favour.

On perusal of the report, it transpires that the vehicle was seized on 15.05.2023. 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 Police Station.

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 vehicle 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.

The instant application stands allowed .

Order Date :- 4.2.2025

Shafique

Justice Vinod Diwakar

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