Bihari Lal vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:139603

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 5991 of 2025

Applicant :- Bihari Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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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 judgement and order dated 18.10.2024 passed by Special Judge (NDPS Act)/Additional Session Judge, Court no. 7, Mathura in Misc. Application no. 549 of 2024 (State vs. Bihari Lal) arising out of Case Crime no. 364 of 2024 under section 8/20 NDPS Act, PSKosikalan, District Mathura. Further prayer has been made to direct the authorities concerned to release the vehicle of applicant forthwith.

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In compliance of earlier order dated 29.7.2025, today, learned AGA came up with instructions and submitted that motorcycle/vehicle bearing no. UP85CD6143 in question is available at the concerned police station.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and he has no knowledge about the fact that the act committed by him is illegal, whereas in the instant matter, he has already been extended bail. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of motorcycle/vehicle bearing no. UP85CD6143 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned.However, while deciding release application of applicant, learned court concerned rejected the said application vide impugned order dated 18.10.2024.

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Referring to aforesaid facts as well as contents of F.I.R. as also the impugned order dated 18.10.2024 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 taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This

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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 that since vehicle in question was related to the applicant, who has been implicated in pursuance to sections of NDPS Act, the competent authorities while rejecting the release application have not committed any illegality. Impugned order dated 18.10.2024 does not suffer from any infirmity or illegality warranting interference by this Court.

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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 the applicant has already been granted bail in the instant matter and the vehicle in question is still kept at police station concerned.

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Accordingly, the present petition is allowed . Impugned order dated 18.10.2024 passed by Special Judge (NDPS Act)/Additional Session Judge, Court no. 7, Mathura in Misc. Application no. 549 of 2024 (State vs. Bihari Lal) arising out of Case Crime no. 364 of 2024 under section 8/20 NDPS Act, PS- Kosikalan, District Mathura, is hereby set-aside. The authority concerned is hereby directed to release the vehicle in shape of motorcycle bearing no. UP85CD6143 in favour of its registered owner, i.e., applicant upon furnishing surety upto the satisfaction of court concerned, subject to following terms and conditions as mentioned below :-

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(i) The applicant shall produce the motorcycle/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 motorcycle/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 motorcycle/vehicle in question in any manner during pendency of said case crime number.

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Order Date :- 13.8.2025 Shaswat

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

Bihari Lal v. State of U.P. and Another

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