Neutral Citation No. - 2025:AHC:106624 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20042 of 2025 Applicant :- Mohit Kumar Goyal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanchan Sharma,Prashant Vyas,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing judgement and order dated 15.03.2024 passed by learned Commissioner of Police in Case No.28 of 2022 (State vs. Mohit Kumar Goyal) under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime No.0468 of 2021, P.S. Noida Sector-58, District- Commissionerate Gautam Budh Nagar. Further prayer has been made to direct the authorities concerned to release the Audi car bearing registration No. UP 19 C 7262 in favour of 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, the vehicle in question is gift to the applicant by her mother-in-law, the vehicle in question is not at all related to the gangster proceedings initiated against the applicant. Initially the vehicle in question has been released by learned court concerned in pursuance to Case Crime No.650 of 2020, but thereafter in the gangster proceeding, the same has been attached. It is further submitted that relevant documents has been brought on record, which shows that the applicant is owner of vehicle in question, i.e., Audi car bearing registration No. UP 19 C 7262 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. 6. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned order 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. 7. On the other hand, leaned A.G.A. submitted that since vehicle in question was related to the applicant, who has been implicated in the gangster proceedings, the competent authorities while rejecting the release application have not committed any illegality. Impugned order does not suffer from any infirmity or illegality warranting interference by this Court. 8. 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. 9. Accordingly, the present petition is allowed. Impugned order dated 15.03.2024 passed by learned Commissioner of Police in Case No.28 of 2022 (State vs. Mohit Kumar Goyal) under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, arising out of Case Crime No.0468 of 2021, P.S. Noida Sector-58, District- Commissionerate Gautam Budh Nagar, is hereby set-aside. The authority concerned is hereby directed to release the vehicle in shape of Audi car bearing registration No. UP 19 C 7262 in favour of its registered owner, i.e., applicant upon furnishing surety upto the satisfaction of court concerned, subject to following terms and conditions as mentioned below :- (i) The applicant shall produce the vehicle in question as and when the learned concerned court will require during trial of aforementioned case crime number. (ii) The applicant shall not put for sale the vehicle in question by transferring the same to any third party. (iii) The applicant 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 :- 7.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad