Neutral Citation No. - 2025:AHC:101264 Court No. 85 Case :- MATTERS UNDER ARTICLE 227 No. - 5848 of 2025 Petitioner :- Pramod Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Vishwakarma Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed with the following prayers: "(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 19.4.2025 (filed as Annexure No. 6 to this Writ Petition) to the extent of the sureties of two bonds amounting Rs. 8,00,000/- each passed by the Additional Chief Judicial Magistrate, Court No. 10, Azamgarh against the petitioner. (ii) To issue a writ, order or direction in the name of mandamus directing the respondent concerned to release the Agricultural Tractor (Swaraj 834xM) bearing Registration No. UP53 CZ 2064, Policy No. 42130231240200005341 its UIN Number IRDAN 190RP0004V01200203 and Chassis No./Engine No. WZTE24928155436/33.1009/SZE01514; which covers validity from 5.2.2025 to 4.2.2026 of the petitioner. (iii) To issue any other and further order, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. (iv) To award cost of the writ petition to the petitioner." It has been submitted by learned counsel for the petitioner that the petitioner is a registered owner of seized vehicle i.e. Agricultural Tractor (Swaraj 834xM) bearing Registration No. UP53 CZ 2064 along with its trolley. The said vehicle was seized in an accident when another tractor was coming from opposite direction near Kandhara Police Station on account of which the driver of another Tractor No. UP50 ET 1358 received injury and on the way of hospital he died on 04.02.2025 regarding which an FIR was registered as Case Crime No. 0027 of 2025 under Sections 324(4), 281, 125(a), 125(b), 106 of BNSS, Police Station Kandharapur, District Azamgarh. It has also been submitted that the agricultural tractor is registered in the name of the petitioner bearing No. UP53 CZ 2064 issued by Transport Department, Azamgarh. The said vehicle is insured vide Policy No. 42130231240200005341 its UIN Number IRDAN 190RP0004V01200203 and Chassis No./Engine No. WZTE24928155436/33.1009/SZE01514 and covers validity from 5.2.2025 to 4.2.2026. The petitioner is also having a valid Driving Licence issued by the competent authority District Azamgarh and is valid upto 28.12.2037. Despite the aforesaid grounds, the vehicle of the petitioner has been kept in the custody by the police and the learned Additional Chief Judicial Magistrate, Court No. 10, Azamgarh, vide order dated 19.4.2025, in a arbitrary and mechanical manner, has given direction for its release on the sureties of two bonds amount of Rs. 8,00,000/- each, which is too exorbitant. Per contra, learned AGA for the State could not dispute the aforesaid facts. The Hon'ble Supreme Court in Sunderbhai Ambalal Desai vs. State of Gujarat 2002 (10) SCC 283 has laid down certain guidelines for speedier procedure for the disposal of muddamal articles to reduce the scope of misappropriation or replacement by spurious articles. It has been observed that it is of no use to keep such seized vehicles at the Police Station for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bonds and guarantee as well as security for return of the said vehicles, if required at any point of time. Considering the aforesaid submissions, the Court is of the view that keeping the vehicle in the custody of police will serve no purpose and its value shall depreciate. In the light of the observations of the Hon'ble Apex Court as quoted above, it is hereby directed to the court concerned to fix a reasonable amount of bonds and sureties and take immediate measures for its release, after taking its photographs and preparing a detailed panchnama etc. With the aforesaid direction, the writ petition is disposed of. Order Date :- 1.7.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad