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Allahabad High Court

MD SHAHZEB SIDDIQUIversusSTATE OF U.P.

Decided

Holding

The order dated 12‑02‑2026 of the Additional Sessions Judge is set aside.

Summary

The applicant, Md Shahzeb Siddiqui, filed an application under Section 528 of the BNSS Act seeking to set aside an order dated 12‑02‑2026 of the Additional Sessions Judge, Muzaffar Nagar, which had retained money seized in a case under Sections 8, 22 and 29 of the NDPS Act. The applicant contended that the seized money rightfully belonged to him and was falsely implicated in the criminal proceeding. He relied on Supreme Court precedent (Sunder Bhai Ambalal Desai v. State of Gujarat) and a prior Allahabad High Court decision (Shyam Singh Kushwaha v. State of U.P.) supporting the release of property to its owner when retention serves no useful purpose. The High Court examined the impugned order and the submissions, finding merit in the applicant’s arguments. Consequently, the Court set aside the Additional Sessions Judge’s order and directed the applicant to file a fresh application with supporting documents within one month for expeditious disposal.

Issues considered

  • Whether the order of the Additional Sessions Judge retaining the seized money should be set aside.
  • Whether the applicant’s claim of ownership over the seized money is tenable under the NDPS Act.
  • Whether precedents concerning release of seized property apply to the present case.

Legislation cited

Subjects

  • NDPS Act
  • seizure of money
  • property release
  • Section 528 BNSS
  • revision application
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 37050 of 2026

Md Shahzeb Siddiqui
                                                           .....Applicant(s)
                                    Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)           : Aryan Pathak, Sunil Kumar Pathak
Counsel for Opposite Party(s)      : G.A.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

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

2. The present application under Section 528 BNSS has been filed for
setting aside of the order dated 12.02.2026 passed by learned Additional
Sessions Judge, Court No. 7, Muzaffar Nagar in S.T. No. 835 of 2024,
arising out of Case Crime No. 51/ 24, under Sections 8, 22, 29 of
N.D.P.S. Act, Police Station Kotwali Nagar, District Muzaffar Nagar.

3. Learned counsel for the applicant contends that applicant is the money
recovered belongs to the applicant and the said money has been falsely
implicated in the aforesaid case. He further submits that no useful
purpose would be served in keeping the money by the prosecution.
Learned counsel for the revisionist has relied upon a decision of Hon'ble
Apex Court in the matter of Sunder Bhai Ambalal Desai Vs. State of
Gujarat 2003 (46) A.C.C. 223 in support of his contention, in which it
has been held that it is not desirable in the matter of motor vehicle, the
vehicle be kept at the police station for a long time which result in the
vehicle becoming junk, therefore, the vehicle-in-question should be
released in favour of the registered owner on such terms and conditions as
the court below may deem fit and proper. Learned counsel for the
petitioner has also placed reliance upon the decision of this Court reported
in 2012 (77) ACC 381 Shyam Singh Kushwaha Vs. State of U.P. and
another, in support of his contention.

4. After hearing the learned counsel for the applicant, learned A.G.A., and
after perusing the order impugned as well as averments made in the
present application, this Court is of the opinion, that the arguments as
raised by learned counsel for the applicant has substance.

5. Accordingly, the order dated 12.02.2026 passed by Additional Sessions
Judge, Court No. 7, Muzaffar Nagar, is hereby set aside with the liberty to
                                                                                         NA528 No. 37050 of 2026
                                                                   2


                                    the applicant to file an appropriate application along with all relevant
                                    documents, explaining all the facts, before the concerned court and if such
                                    an application is filed within one month from today, the same shall be
                                    considered and disposed of as expeditiously as possible, in accordance
                                    with law, preferably within a period of one month, thereafter.

                                    6. With the aforesaid directions, this application under Section 528 BNSS
                                    is finally disposed off.


                                                                                 (Dr. Gautam Chowdhary,J.)
                                    September 14, 2026
                                    Mustaqeem.




Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad


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