HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 343 of 2024 Prahalad Mandal ....Revisionist Versus State of Uttarakhand ….Respondent Present:- Mr. M.K. Ray, Advocate for the revisionist. Ms. Manisha Rana Singh, A.G.A. for the State. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) Instant revision is preferred against the impugned order dated 18.01.2024, passed in Misc. Release Application No. 16 of 2024, State of Uttarakhand Vs. Prahalad Mandal, by the Court of Special Judge (NDPS Act), Udham Singh Nagar. By it, the prayer of the revisionist for releasing Rs.2,47,000/- has been denied. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the revisionist would submit that the revisionist was arrested by the police in FIR No. 79 of 2023 under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and at the time of arrest Rs.2,47,000/- were recovered from him, but the amount has not been released in favour of the revisionist by the impugned order. Learned counsel for the revisionist would also submit that the money belongs to the revisionist. No proceedings have been taken under the provisions of the Act for forfeiture 2 etc. of the amount. Therefore, the revisionist is entitled to get the money which was recovered from him. 4. Learned State counsel admits that no proceedings have been taken under the provisions of the Act, with regard to the amount of Rs.2,47,000/- which were recovered from the revisionist. 5. Admittedly, Rs.2,47,000/- were recovered from the possession of the revisionist when he has been arrested. It is also admitted that no proceedings under the provisions of the Act have been taken with regard to the amount which was recovered from the revisionist. Therefore, this Court is of the view that the money which has been recovered from the revisionist should be released in his favour. Accordingly, the revision deserves to be allowed. 6. The revision is allowed. 7. Impugned order dated 18.01.2024 is set aside. 8. Let the money which was recovered from the revisionist i.e. Rs.2,47,000/- be released in favour of the revisionist. (Ravindra Maithani, J) 07.01.2025 Jitendra