2025:UHC:8228 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C-482 No. 1342 of 2023 Hon’ble Ashish Naithani, J. Mr. Saurabh Budhori, learned counsel holding brief of Mr. Yogesh Kumar Pacholia, learned counsel for the Applicant. 2. Mr. N. S. Kanyal, learned A.G.A. for the State. 3. The present application has been filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the impugned order dated 07.06.2023, passed by the learned Second Additional District & Sessions Judge/Special Judge (NDPS Act), Nainital in Special Sessions Trial No. 45 of 2023, "State vs. Yashpal Singh Bisht", whereby the prayer of the applicant for release of the seized money has been declined, and further to direct the learned trial court to release the money i.e. `4,15,140/- in favour of the applicant. 4. Learned counsel for the Applicant submits that the Applicant (now deceased) is represented by his wife, Kamla Devi; that, the amount of `4,15,140/- was seized during investigation but the same does not constitute the proceeds of crime nor is it liable for confiscation under the NDPS Act. It is argued that the wife of the Applicant has a legitimate claim over the said amount and the continued retention of money by the trial Court is causing undue hardship and irreparable loss to her. It is further 2025:UHC:8228 submitted that the trial Court has failed to appreciate the material on record and has erroneously rejected the prayer of the Applicant by the impugned order dated 07.06.2023, therefore,. 5. Per contra, learned State counsel opposes the application and submits that the trial Court has rightly passed the impugned order. It is urged that since the trial is still pending, the release of money at this stage may adversely affect the prosecution case. The State counsel, however, fairly concedes that there is no specific finding recorded in the impugned order to the effect that the seized amount constitutes narcotic proceeds or that it is liable to confiscation under the NDPS Act. 6. Having considered the rival submissions of learned counsel for the parties and perused the material available on record, this Court finds that the impugned order dated 07.06.2023 suffers from infirmity, in as much as the trial Court has failed to give cogent reasons for declining the release of the seized money. In absence of any material to prima facie demonstrate that the seized money is directly linked with the offence under the NDPS Act, the retention thereof is not justified. 7. Learned counsel for the Applicant has produced the Bank details of the account of wife of the Applicant, wherein the name of present Applicant shows Yashpal Arya in joint bank account name, whereas in the present applicant the Applicant’s name shows Yashpal Singh Bisht. 8. Accordingly, the impugned order dated 07.06.2023 2025:UHC:8228 passed by the learned Second Additional District & Sessions Judge/Special Judge (NDPS Act), Nainital in Special Sessions Trial No. 45 of 2023, "State vs. Yashpal Singh Bisht", is hereby quashed and set aside. 9. The learned trial Court is directed to release the seized amount of `4,15,140/- (Rupees Four Lakh Fifteen Thousand One Hundred Forty only) in favour of the wife of the Applicant, subject to the condition that if the name of the Applicant in joint Bank details is wrong, the same be corrected by the wife of the Applicant. 10. Accordingly, the present C482 application stands disposed of. (Ashish Naithani, J.) 15.09.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d1405 66ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823fc6a033 4628b21e516047ed4f22f7, cn=AKASH Date: 2025.09.16 17:21:05 +05'30'