Allahabad High Court
Reetesh Kumar Singh vs State Of U.P. on 14 November, 2019
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 40245 of 2019 Applicant :- Reetesh Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Heard Sri Dharmesh Kumar Shukla, learned counsel for the applicant and Sri Abhinav Prasad, learned AGA for the State.
The applicant has approached this Court against the order dated 3.10.2019 passed by the Chief Judicial Magistrate, Kaushambi in release application No. 1421 of 2019 as well as the order dated 29.6.2019 passed by the District Magistrate, District - Kaushambi under section 14(1) of U.P. Gangster and Anti Social Activities Prevention Act, 1986 arising out of Case Crime No. 168 of 2019, Police Station- Saini, District- Kausambi and further for direction to concerned court below to release the Mahindra Bolero vehicle bearing registration No. UP70ESO295, in favour of the applicant.
Learned counsel for the applicant has relied upon judgement of the Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SUPREME COURT 638, wherein the Apex Court has held in para 15, 16 and 17, which are as follows :
"15. Learned senior counsel Mr. Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to its owner or to the person from whom the said vehicles are seized by taking appropriate bond and the guarantee for the return of the said vehicles if required by the Court at any point of time.
16. However, the learned counsel appearing for the petitioners submitted that this question of handing over vehicles to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the concerned persons.
17. 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 can be done pending hearing of applications for return of such vehicles."
In view of the above dictum of the Apex Court, the Court below is directed to release the vehicles of the applicant as per direction of the Apex Court in the case of Sunderbhai Ambalal Desai (Supra) in para 17 aforesaid within a period of 15 days from the date of production of certified copy of this order.
In view of the above, application stands allowed.
Order Date :- 14.11.2019 ssm