Ajay Singh Vs State of U.P. and Another

Court No. - 77

Case :- APPLICATION U/S 482 No. - 42617 of 2024

Applicant :- Ajay Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Namit Srivastava,Raj Kumar Ojha,Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Hand written instructions preferred on behalf of learned AGA is taken on record.

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

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The instant application has been preferred for quashing order dated 23.10.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 16, Allahabad passed in Case Crime no. 393 of 2023 under sections 419, 420, 467, 468, 471 IPC and under Section 60(1), 63 and 72 of U.P.Excise Act, District Prayagraj and further direct to release the vehicle having registration no. HR45C7787.

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Learned counsel for the applicant submitted that the applicant is not named in the FIR. He is only owner of the alleged vehicle involved in transportation of liquor. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question bearing registration No. HR45C7787 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. Applicant moved application for release of his vehicle but the same has been rejected vide impugned order dated 23.10.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 16, Allahabad.

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Referring to aforesaid facts as well as contents of F.I.R. as also the impugned order passed on the release application moved by the applicant, it is submitted that detention of the vehicle for a long time at the police station is likely to diminish its value and ultimately the vehicle may become junk. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC) , it is submitted that the Apex Court has held that "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

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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." It is lastly submitted that applicant is willing to fulfill all conditions imposed upon him for release of the vehicle in question.

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On the other hand, leaned A.G.A. submitted through the instructions that vehicle in question is present at the concerned police station.

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I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully, wherein it is crystal clear that vehicle in question is still kept at police station concerned.

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Accordingly, the present petition is allowed . Impugned order dated 23.10.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 16, Allahabad passed in Case Crime no. 393 of 2023 under sections 419, 420, 467, 468, 471 IPC and under Section 60(1), 63 and 72 of U.P.Excise Act, District Prayagraj , is hereby set-aside. The authority concerned is hereby directed to release the vehicle bearing registration no. HR45C7787 in favour of its registered owner, i.e., applicant upon furnishing surety up to the satisfaction of court concerned, subject to following terms and conditions as mentioned below :-

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(i) The applicant shall produce the vehicle in question as and when the learned concerned court will require during trial of aforementioned case crime number.

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(ii) The applicant shall not put for sale the vehicle in question by transferring the same to any third party.

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(iii) The applicant shall also not change the nature and color of the vehicle in question in any manner during pendency of said case crime number.

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Order Date :- 18.8.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Ajay Singh v. State of U.P. and Another

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