Neutral Citation No. - 2025:AHC:125703 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22470 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Srivastava 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 order dated 25.08.2022 passed by Collector/District Magistrate, Kannauj under Section 72 of U.P.Excise Act, 1910 in Case no. 02417/2020 arising out of Case Crime no. 70/2019 under sections 60/63/72 Excise Act, whereby seized the vehicle in question bearing no. HR46D8969. 3. In spite of extension of time for seeking instructions in favour of learned A.G.A., no instructions have been received till today by learned A.G.A. 4. Learned counsel for the applicant submitted that the applicant being owner of vehicle has been falsely implicated in this case and he has no knowledge about the fact that the act committed by driver of vehicle is illegal. Applicant has not been named in the FIR. 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., bearing no. HR46D8969 and no useful purpose shall be served by way of keeping the vehicle in question at police station concerned. 5. Referring to aforesaid facts as well as contents of F.I.R. as also the impugned order whereby vehicle of applicant has been seized, 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. 6. On the other hand, leaned A.G.A. submitted that impugned order does not suffer from any infirmity or illegality warranting interference by this Court. 7. Accordingly, the present petition is allowed. Impugned order dated 25.08.2022 passed by Collector/District Magistrate, Kannauj under Section 72 of U.P.Excise Act, 1910 in Case no. 02417/2020 arising out of Case Crime no. 70/2019 under sections 60/63/72 Excise Act, is hereby set-aside. The authority concerned is hereby directed to release the vehicle in shape of Dumper bearing no. HR46D8969 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 :- 28.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad