Neutral Citation No. - 2025:AHC:45427 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9514 of 2025 Applicant :- Amit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Tahir Kurashi,Mohd Shamim Khan,Shadab Ansari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred for challenging the impugned order dated 24.01.2025 passed by learned District Judge, Ghaziabad in Civil Appeal No.71 of 2024 (Amit Kumar vs. State) under section 72 of U.P. Excise Act, P.S. Tilamorh, District- Ghaziabad as well as order dated 28.06.2024 passed by learned Additional District Magistrate (Judicial), Division Meerut in Case No.1127 of 2024 (State Vs. Amit Kumar) under section 72 of U.P. Excise Act arising out of Case Crime No.0121 of 2024 related to P.S. Tilamorh, District- Ghaziabad. Further prayer has been made for issuance of direction to the concerned authority/opposite party nos.2 and 3 to release the vehicle (car) having Registration No.UP- 14-FA-0133 in favour of the applicant. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case and he has no knowledge about the fact that the act committed by him is illegal, whereas in the instant matter, he has already been extended bail by learned court concerned. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question bearing No.UP-14-FA-0133 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. 4. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned orders passed on the release application moved by the applicant, it is submitted that detention of the vehicle for a long time at the police station is likely to diminish its value and ultimately the vehicle may become junk. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC), it is submitted that the Apex Court has held that "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." It is lastly submitted that applicant is willing to fulfill all conditions imposed upon him for release of the vehicle in question. 5. On the other hand, leaned A.G.A. submitted that since vehicle in question was related to the applicant, who has been implicated in pursuance to sections of U.P. Excise Act, the competent authorities while rejecting the release application have not committed any illegality. Impugned orders do not suffer from any infirmity or illegality warranting interference by this Court. 6. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully, wherein it is crystal clear the applicant has already been granted bail in the instant matter and the vehicle in question is still kept at police station concerned. 7. Accordingly, the present petition is allowed. Impugned order dated 24.01.2025 passed by learned District Judge, Ghaziabad in Civil Appeal No.71 of 2024 (Amit Kumar vs. State) as well as order dated 28.06.2024 passed by learned Additional District Magistrate (Judicial), Division Meerut in Case No.1127 of 2024 (State Vs. Amit Kumar), are hereby set-aside. The authority concerned/opposite party nos.2 and 3 is hereby directed to release the aforesaid vehicle forthwith in favour of its registered owner i.e. applicant on furnishing adequate security to its satisfaction. 8. However, it is made clear that applicant shall produce the vehicle having Registration No. UP-14-FA-0133 as and when the learned concerned court will require during trial of Case Crime No.0121 of 2024 and the said vehicle will not be put for sale by transferring the same to any third party. He shall also not change the nature and color of the vehicle in question in any manner during pendency of said case crime number. Order Date :- 2.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad