Birender Singh vs State of U.P. - 2025 Supreme(All) 2273

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2273

IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vinod Diwakar,J.
Birender Singh – Appellant
Versus
State of U.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Pankaj Sharma, Pradeep Kumar
For the Respondent: Fuzail Ahmad Ansari,G.A.

Judgement Key Points

How to release seized vehicles under Section 451 Cr.P.C.? What procedures apply to the release of vehicles seized under the U.P. Excise Act? What guidelines govern the disposal of unclaimed seized vehicles?

Key Points: - The court set aside the District Judge's rejection of vehicle release and remanded for reconsideration per Supreme Court guidelines in Sunderbhai Ambalal Desai v. State of Gujarat (!) (!) (!) - Approximately 72,776 vehicles are impounded at police stations across Uttar Pradesh, causing congestion and degradation (!) (!) - Supreme Court in Sunderbhai Ambalal Desai mandates expeditious exercise of powers under Section 451 Cr.P.C. to prevent misuse, degradation, and custody burdens (!) (!) - Special statutes like U.P. Excise Act Section 72, U.P. Cow Slaughter Act Section 5A(7), and others impose statutory bars overriding general Cr.P.C./BNSS provisions for vehicle release (!) (!) (!) (!) (!) - Court directed formation of a Coordination Committee to formulate policy for timely auction/disposal of seized vehicles and develop a single-window web portal integrated with CCTNS (!) (!) (!) - Departments suggested measures like digital portals, QR code tracking, centralized vehicle yards, fixed timelines for auctions, and photo/videography documentation (!) (!) (!) (!) (!) (!) - Economic rationale emphasizes vehicles as national assets; prolonged retention causes waste, while release supports GDP, taxes, and employment (!) (!) (!) - BNSS Section 504 allows disposal of unclaimed property after 6 months to the State Government for sale (!) (!) - Court issued directives for circulation to District Judges, Chief Secretary compliance

How to release seized vehicles under Section 451 Cr.P.C.?

What procedures apply to the release of vehicles seized under the U.P. Excise Act?

What guidelines govern the disposal of unclaimed seized vehicles?

Table of Content
1. emphasis on economic implications of vehicle seizures. (Para 25)

Hon’ble Vinod Diwakar. J.

1. Heard learned counsel for the applicants, learned Additional Advocate General assisted by learned A.G.A. for the Staterespondents, and perused the record.

2. In the present case, an FIR was registered by the police on the complaint of Excise Inspector. Following the registration of the FIR, a huge quantity of illicit liquor and Rs.14,03,550/- was recovered, and also a Mahindra Pick UP vehicle, bearing Registration No. UP-16-JT- 5779, was seized. The owner of the vehicle filed an application before the learned Additional Chief Judicial Magistrate, Aligarh, seeking release of the vehicle. Accordingly, a response was called from the District Magistrate, who responded by stating that since the matter is pending trial, the vehicle may not be released. Based on this response, the Additional Chief Judicial Magistrate rejected the application for release of the vehicle. Aggrieved by the rejection order dated 10.5.2024, the applicant filed a Revision Petition bearing no.174 of 2024, before the learned District Judge, Aligarh. The counsel for the applicant placed reliance upon Prem S