Allahabad High Court
SMT SHAMSHEEDA BANOversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The High Court set aside the order rejecting the release of the vehicle and directed the applicant to submit ownership documents within one month for prompt disposal.
Summary
Smt Shamsheeda Bano filed an application under Section 528 of the BNSS seeking to set aside a order of the Chief Judicial Magistrate, Bareilly, which had rejected her request for release of her vehicle (UP 21 CT 5098) seized under Sections 4 and 21 of the Mines and Minerals Act. The applicant asserted that she is the registered owner and that retaining the vehicle at the police station would cause it to become junk. The court considered precedents that vehicles should not be kept for an extended period and that ownership should be respected. Finding merit in the applicant's arguments, the High Court set aside the magistrate’s order and directed the applicant to file proof of ownership within one month for expedited disposal. The application under Section 528 was thereafter disposed of.
Issues considered
- Whether the order of the Chief Judicial Magistrate rejecting the release of the seized vehicle should be set aside
- Whether the vehicle, being the registered property of the applicant, must be released pending proof of ownership
- Whether prolonged police custody of a motor vehicle leading to its deterioration is permissible under law
Legislation cited
- Mines and Minerals Act — s. 21, 4
Subjects
- vehicle seizure
- ownership proof
- section 528 revision
- Mines and Minerals Act
- police custody of property
- vehicle junking
- release of seized property
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41892 of 2026
Smt Shamsheeda Bano
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Haseeb Alam Ansari, Mohd Hasnain
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 19.08.2026 passed by learned Chief
Judicial Magistrate, Bareilly, whereby application filed by the applicant
for release of her vehicle seized in the proceeding under Section 4/21 of
Mines and Minerals Act, Police Station Baheri, District Bareilly, has been
rejected.
3. Learned counsel for the applicant contends that applicant is the owner
of the vehicle bearing no. UP 21 CT 5098 and that the vehicle in question
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. 41892 of 2026
2
5. Accordingly, the order dated 19.08.2026 passed by learned Chief
Judicial Magistrate, 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 30, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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