Mohd. Danish – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHAMIM AHMED, J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the opposite party and perused the record.
2. This criminal revision has been filed by the revisionist against the judgment and order dated 30.10.2021 passed by the Chief Judicial Magistrate, Chandauli in Vehicle Release Application No. 479 of 2021 (State of U.P. vs. Mustafa and Others) and release the vehicle of the revisionist bearing registration no. U.P. 21-CN-2082 Truck (closed body) within time specify by this Hon'ble Court.
3. Learned counsel for the revisionist has submitted that the revisionist is the registered owner of Truck bearing Registration No. U.P. 21-CN-2082 and the said vehicle is having National Permit and also was insured with the New Indian Assuarance Company Limited and also having certificate of pollution and fitness.
4. Learned counsel for the revisionist further submits that an the opposite party no. 3 lodged an F.I.R. bearing F.I.R. No. 0095 of 2021 under Section 3/5A/8 U.P. Pradesh Prevention of Cow Slaughter Act, 1955 (in short “Act of 1955”) under Section 11 of the Prevention of Cruelty of Animals Act, 1960 and under Section 379, 411 I.P.C. Police Station, Ali Nager
Sections 451 and 457 of Cr.P.C. which is quoted as Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquir....
Seized vehicles in criminal proceedings should be released to the rightful owner on conditions, rather than being left in open courts to deteriorate, based on principles of effective property managem....
Property seized in criminal proceedings should not be allowed to deteriorate in police or court custody; Magistrates must exercise discretionary power to release such property to the rightful owner p....
The rightful owner of seized property should be allowed to enjoy the property, and the power under Section 451 of the Criminal Procedure Code should be exercised judiciously and promptly.
Prompt action under Section 451 of Cr.P.C. is necessary to avoid keeping seized property at police stations for a long time, and seized vehicles should be released when ownership is not disputed.
Property seized during an investigation that is not subject to dispute regarding ownership should be released to its owner for safe custody pending trial to prevent depreciation, provided the owner f....
It is settled law of land that it is of no use to keep the seized vehicle at police station for a long period and it was directed to Magistrate to release above vehicle after taking sufficient guaran....
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