Allahabad High Court
Amarpal vs State Of U.P. And 2 Others on 16 July, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:113349 Court No. - 87 Case :- MATTERS UNDER ARTICLE 227 No. - 12784 of 2023 Petitioner :- Amarpal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Faizan Habeeb,Shahabuddin Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, learned AGA for the State and perused the record.
The present writ petition under Article 227 of the Constitution of Indiahas been filed filed by the petitioner with the following prayers:
"(a) To set aside the impugned order dated 25.8.2023 passed by the Additional Chief Judicial Magistrate, Court No.1, Meerut in Case Crime No.546 of 2023 (State v. Suhel), under Section 3/7 Essential Commodities Act, Police Station Sardhana District Meerut as well as the order dated 18.10.2023 passed by the Session Judge, Meerut in Criminal Revision No.714 of 2023 (Suhel v. State of U.P.), under Section 3/7 E.C. Act, Police Station Sardhana District Meerut i.e., Annexure No.3 & 4 to the writ petition.
(b) Issue an order or direction directing the respondent/opposite party nos.2 and 3 to release the vehicle No.UP 12 AM 2023 forthwith in favour of the petitioner otherwise the petitioner shall suffer an irreparable loss and injury.
(c) Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumsntaces of the case.
(d) Award cost to the petition in favour of the petitioner."
It has been submitted by learned counsel for the petitioner that vehicle of the petitioner UP-12MA-2023 has been seized by the Police, which is a case property of Case Crime No.546 of 2023 (State v. Suhel), under Section 3/7 Essential Commodities Act, Police Station Sardhana District Meerut and the confiscation proceedings are pending before the Additional District Magistrate (Administration), Meerut.
From the perusal of the record, it is apparent that confiscation proceedings is already pending before the authorities concerned. Therefore, it is directed to Additional Collector/A.D.M. (Administration), Meerut to expedite the confiscation proceedings of the petitioner in case, the petitioner moves an application for release of vehicle within a period of three weeks from the date of production of the order, the same be decided expeditiously in accordance with law.
With the aforesaid directions, this petition is disposed of.
Order Date :- 16.7.2024 A.N. Mishra