HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1163 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Girish Kumar Pandey, learned counsel for the revisionist and learned Additional Government Advocate for the State. 2. The instant criminal revision has been filed assailing therein, the judgment and order dated 15.07.2025 passed by the learned Additional Sessions Judge (F.T.C. - I), Ambedkar Nagar in Criminal Case No. 262 of 2025, State Vs. Pinki Patel, whereby the application filed by the revisionist, for release of her Swift Dzire VDI car bearing Registration No. MP09CQ3584, had been rejected. 3. It has been contended on behalf of the revisionist that her brother-in- law was arrested and while he was using her car bearing Registration No. MP09CQ3584, 65.408 Kg. charas was recovered from the car. It has further been contended that the brother-in-law of the revisionist was arrested in connection to Case Crime No. 176 of 2023 registered under Sections 8/20/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Police Station - Aliganj, District - Ambedkar Nagar and the revisionist's Swift Dzire VDI car bearing Registration No. MP09CQ3584 had been seized. 4. Learned counsel appearing for the revisionist has argued that the revisionist has not been implicated as an accused in the crime in question and it is not in dispute that she is owner of the car. The revisionist's car had been illegally used by her brother-in-law in the crime in question and Versus Counsel for Revisionist(s) : Girish Kumar Pandey, Sher Bahadur Yadav Counsel for Opposite Party(s) : G.A. Pinki Patel .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) therefore, for his fault, revisionist's car neither can be seized nor can be confiscated by the State. It has been argued that now it is well settled through the judgment of the Hon'ble Supreme Court dated 07.01.2025 passed in Criminal Appeal No. 87 of 2025 (Arising out of Special Leave Petition (Crl.) No. 13370 of 2024), Bishwajit Dey Vs. The State of Assam; that the vehicles used in the crime should be released after taking adequate security from the owner of the vehicle, therefore, it is in the interest of justice that the vehicle of the revisionist, subject matter of the crime, may be directed to be released. It has also been argued that the learned Trial Court has not considered that the revisionist has not been implicated as an accused in the crime in question and since she is owner of the car, there is no occasion for seizure of the said car. 5. Learned Additional Government Advocate appearing for the State has opposed this criminal revision and has submitted that if the car in question is released in favour of the revisionist, then there is every possibility that the same may be used in future in the illegal trafficking of narcotic drugs. 6. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that the revisionist is owner of the Swift Dzire VDI car bearing Registration No. MP09CQ3584. I further find that the revisionist is not an accused in Case Crime No. 176 of 2023. The Hon'ble Supreme Court in the case of Bishwajit Dey (supra) had laid down law that the vehicles which are seized in connection to criminal cases must be released in favour of their owner after taking adequate security and imposing other conditions regarding vehicles. 7. Keeping in view the overall facts and circumstances of the case, I am of the opinion that no useful purpose would be served by keeping the vehicle in question standing in police station and it is in the fitness of things that the vehicle is released in favour of the revisionist. 8. Accordingly, this criminal revision is allowed. The impugned order dated 15.07.2025, passed by the learned Additional Sessions Judge (F.T.C. - I), Ambedkar Nagar in Criminal Case No. 262 of 2025, State Vs. Pinki Patel, is set aside. 9. The trial court i.e. Additional Sessions Judge (F.T.C. - I), Ambedkar Nagar is directed to release the Swift Dzire VDI car of the revisionist bearing Registration No. MP09CQ3584 forthwith, after taking adequate security from the revisionist. CRLR No. 1163 of 2025 2 10. It is directed that the revisionist shall not allow her vehicle to be used in any illegal activity and shall not dispose of the car in question till decision of the criminal trial. October 16, 2025 Lokesh Kumar (Manjive Shukla,J.) CRLR No. 1163 of 2025 3 Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench