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2025 DAILYLAW 201119 (ALL)

NOOR ISLAM AND 2 OTHERS v. State of U.P. AND ANOTHER

CRLR/3296/2024 · 2025-10-14

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3296 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionists and learned A.G.A. for the State-respondent. 2. The present criminal revision has been filed by the revisionist with a prayer to allow the instant revision and to set aside the impugned order dated 05.06.2024 passed by the Additional Sessions Judge, court no. 14/Special Court (Essential Commodities Act), Bulandshahr in Criminal Appeal No. 42 of 2024, Noor Islam and others vs. State of U.P., and confirming the order dated 01.03.2024 passed by the Additional District Magistrate (Finance and Revenue), Bulandshahr in Case No. 832 of 2023, State of U.P. Vs. Aslam and others, under Section 6A of essential commodities Act, 1955, Police Station- Khurja Nagar, District- Bulandshahr. 3. In the instant revision, three revisionists, namely, Noor Islam, Rizwan and Jitendra Solanki have preferred for release of their vehicles, respectively. Noor Islam is the owner of vehicle Tata 407 having registration no. UP 13 H 9511 and also owner of a truck bearing registration no. UP 80 AM 9931 and the revisionist Rizwan is the owner of motorcycle bearing registration no. UP 13 BL 9554 and is not an accused in the case crime no. 832 of 2023. Besides this, Jitendra Solanki is not an accused in the said case crime, but is owner of Eartica car bearing registration no. DL 1 CAD 3853. 4. Learned counsel for the revisionists further submitted that so far as Noor Islam is concerned, he is an accused in the said case crime number 832 of 2023 under Sections 6(A) of Essential Commodities Act. Learned counsel for the revisionists submitted that for the release of the vehicles in question, Versus Counsel for Revisionist(s) : Ankit Agarval Counsel for Opposite Party(s) : G.A. Noor Islam And 2 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) an appeal was filed against the order passed by learned Additional District Magistrate (Finance and Revenue), Bulandshahr dated 08.11.2023. Learned Additional Sessions Judge, Bulandshahr after hearing the revisionists passed an order dated 05.06.2024, by which the appeal for releasing the vehicles in question was dismissed and hence the present revision is being filed. 5. Learned counsel for the revisionists further submitted that in the said case crime number, another accused person, namely, Devendra Pal was having a truck and was the owner of the same bearing registration no. UP 13 AT 9495 and the said vehicle has been released by this Court vide order dated 21.04.2025 passed in Criminal Revision No. 3280 of 2024. 6. Per contra, learned AGA for the State submitted that the vehicles in question are in the police custody and that cannot be released as and in the event, the vehicles are released, the owners may part way with the said vehicles and, therefore, may destroy the evidence available on record. He further prayed that the present revision is liable to be dismissed. 7. Having regard to the fact that this Court in Criminal Revision No. 3280 of 2024 has released the vehicles of another co-accused, namely, Devendra Pal bearing registration no. UP 13 AT 9495. Moreover, so far as Rizwan and Jitendra Solanki are concerned, they are not accused in case crime no. 832 of 2023, hence, their vehicles are directed to be released as per the terms and conditions to be imposed by learned Additional Sessions Judge, Bulandshahar. So far as two vehicles owned by Noor Islam are concerned, the same may also be released by learned Additional Sessions Judge, Bulandshahr by imposing such terms and conditions as may be sufficient in the given facts and circumstances of the case so that the evidence of the case remains intact and as and when the vehicles are directed to be presented during the course of trial, the same may be made available. Hence, the learned Additional Sessions Judge, Bulandshahr is at liberty to impose such conditions as may be deemed fit, . 8. With the aforesaid observations, the instant revision stands allowed and order dated 05.06.2024 is hereby quashed and set aside. 9. With the above said observations, instant revision is disposed of. October 15, 2025 Anjali CRLR No. 3296 of 2024 2 (Harvir Singh,J.) Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad