Neutral Citation No. - 2025:AHC:105892 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21364 of 2025 Applicant :- Prince Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. 2. The instant application has been preferred for quashing the judgement and order dated 07.05.2025 passed by learned Additional Session Judge, Court No.3, Deoria in Criminal Misc. Case No.128 of 2025 (Prince Kumar Gupta vs. State of U.P.) in Session Case No.92674 of 2024 (State vs. Abhishek Kumar Chaturvedi and Others) arising out of Case Crime No.158 of 2024, under sections 8/21/29 of NDPS Act, P.S. Bhaluwani, District- Deoria and further prayed to direct the opposite party no.2/authority concerned to release the vehicle of applicant in his favour. 3. Learned counsel for applicant submitted that applicant has already preferred Criminal Misc. Writ Petition No.2728 of 2025, through which sanctity of F.I.R. has been put under challenge, wherein interim protection has been extended till the submission of report under section 173(2) Cr.P.C. and the above-mentioned writ is still pending to be adjudicated finally before Division Bench of this Court. 4. It is also submitted by learned counsel for applicant in most fair manner that although charge-sheet has not been preferred before learned court concerned, but the same has already been approved by the competent police authorities in the month of April 2025. 5. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application on the basis of involvement of vehicle in question in Case Crime No.158 of 2024, under sections 8/21/29 of NDPS Act, P.S. Bhaluwani, District- Deoria and submitted that this is the vehicle, which has been used in transportation of psychotropic substance and the same has been seized by concerned police authority. 6. After having rival submissions extended by learned counsel for the parties, although the vehicle in question is a case property, but at the same time, six persons have been implicated in the same case and they are already preferring petitions/applications for their protection, meaning thereby the accused are not absconding from the proceedings of law and as such withheld of vehicle may not be in the nature of delaying in the process of law, rather, damage and decay of the machinery in shape of vehicle in question having registration no. BR 29 BA 3345. 7. In view of the aforementioned facts and circumstances, the instant application is hereby allowed; order dated 07.05.2025 passed by learned Additional Session Judge, Court No.3, Deoria in Criminal Misc. Case No.128 of 2025 (Prince Kumar Gupta vs. State of U.P.) is hereby set-aside and learned court concerned is hereby directed to pass specific order for release of vehicle in question in favour of applicant on following terms and conditions. (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 Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad