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2025 DAILYLAW 198255 (ALL)

SHUBHAM PATEL v. STATE OF U.P. THRU. SECY. DEPTT. HOME LKO. AND 2 OTHERS

A482/9617/2025 · 2025-11-14

Tej Pratap Tiwari

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9617 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Mr. Pravin Singh, learned counsel for the applicant, learned AGA for the State and perused the record. 2. The instant application under Section 482 Cr.P.C., has been filed challenging the rejection order of release of vehicle bearing No. U.P. 70 JT7817, which is said to be used in Case Crime No. 136 of 2023, under Section 8/20/27-A of the N.D.P.S. Act, Police Station Mill Area, District Raebareli. 3. As argued by the learned counsel for the applicant that, by the vehicle in question, fifty two kilograms of Ganja has been recovered. A mobile phone was also recovered at that time, but the same phone has been released on the prayer made by the learned counsel for the applicant whilst passing the impugned order, the learned Court below has not considered the law laid down in the case of Sunderbhai Ambalal Desai vs State Of Gujarat, SLP (Criminal) No. 2745 of 2002 (SC). 4. As prayed by the learned counsel for the applicant, if the application is preferred before the learned Court below within 15 days from today, the Court below shall decide the same in the light of the law laid down in Sunderbhai Ambalal Desai (supra) in this regard, providing an opportunity of hearing afresh to both sides. Versus Counsel for Applicant(s) : Pravin Singh Counsel for Opposite Party(s) : G.A. Shubham Patel .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Lko. And 2 Others .....Opposite Party(s) 5. With these observations, the instant application under Section 528 BNSS is disposed of. November 14, 2025 NSC A482 No. 9617 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad, Lucknow Bench