IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Saurabh Lavania,J.
Rubi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard learned Counsel for applicant and learned AGA for the State of U.P. and gone through the record.
2. The present application has been filed seeking following main relief:-
"(a) To Quash the impugned Order dated 14-10-2024 passed by the Additional Session Judge, Court NO. 7. Unnao, dismissing the application for release of vehicle Motor Cycle No. U.P. 35BJ-6036 in favour of the Petitioner. Session Trial No. 182/2024 State of U.P. vs. Ram Chandra, as Case Crime No. 353/2023 Under section 302/201 IPC, P/S-Makhi, District-Unnao.
(b) To, Release of vehicle registration number-UP35BJ-6036 to the effect that the Petitioner is the owner of the said vehicle and the Petitioner's vehicle is getting damaged by standing in the open place for last one year in the police station premises Makhi."
3. By means of the present application, the applicant has assailed the order dated 14.10.2024 passed by Additional Session Judge, Court NO. 7. Unnao (in short 'Court') in Case Crime No. 353/2023, under section 302/201 IPC, P/S-Makhi, District-Unnao. The order dated 14.10.2024 being relevant reads as under:-


4. Vide order 14.10.2024, quoted above, the Court has rejected the
The court affirmed that seized property should be released promptly under Section 451 CrPC to prevent unnecessary custody and deterioration.
The court acknowledged that vehicles seized in NDPS cases should not be retained indefinitely, establishing guidelines for interim release to prevent deterioration and ensure lawful ownership.
The court's decision emphasized the importance of adhering to the legal provisions of the Code of Criminal Procedure and following the guidelines set by the Supreme Court in similar cases.
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