SHANKAR MANDALversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 37412 of 2026

Shankar Mandal
                                                           .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                     :   Mohammad Waseem
Counsel for Opposite Party(s)                :   G.A.

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

1. Heard learned counsel for the applicant, learned A.G.A. for the State as
well as perused the material brought on record.

2. The present application under Section 528 BNSS has been filed for
quashing of the order dated 14.05.2026 passed by learned Additional
Sessions Judge, Court No. 13, Bareilly in Criminal Case No. 177 of 2026,
(State Vs. Ram Pratap @Bhanu), arising out of Case Crime No. 370 of
2025, under Section 8/ 20/ 29 of N.D.P.S. Act, Police Station Fatehganj,
District Bareilly.

3. Learned counsel for the applicant contends that applicant is the owner
of the car No. OD 30G 2978 and that the vehicle in question in has been
falsely implicated in the aforesaid case. He further submits that no useful
purpose would be served in keeping the vehicle at police station which
would result in the vehicle becoming junk. 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.
                                                                                         NA528 No. 37412 of 2026
                                                                   2


                                    5. Accordingly, the order dated 14.05.2026 passed by learned Additional
                                    Sessions Judge, Court No. 13, Bareilly is hereby set aside with the liberty
                                    to the applicant to file an appropriate application along with all relevant
                                    documents showing the ownership of the vehicle, before the court
                                    concerned 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 9, 2026
                                    Mustaqeem.




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