Neutral Citation No. - 2025:AHC:33165 Court No. - 76 Case :- APPLICATION U/S 482 No. - 30599 of 2024 Applicant :- Priti Bhartiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been preferred with the prayer to release the motorcycle of applicant i.e. bearing registration no. U.P. EJ 1716, which had been sized by the police in case no. 232 of 2023, under Section 72 of U.P. Excise Act, 1910. 3. Learned counsel for the applicant states that the applicant is owner of the motorcycle bearing registration no. UP EJ 1716, which was found to be involved in commission of offence registered by the Police in the aforesaid case. The said vehicle was seized by the police with the allegation of transportation of illegal liquor. Thereafter, the applicant moved an application before the District Magistrate, Allahabad for release of the motorcycle, but vide order dated 21.05.2024 the application was rejected. Aggrieved by the said order, the applicant preferred an application before the learned trial Court, which was also rejected vide order dated 18.07.2024 passed by learned Additional Chief Judicial Magistrate, Room No. 8, Prayagraj. The vehicle is lying in the police custody since 05.07.2023. 4. Aggrieved by the order dated 18.07.2024, the applicant has preferred the instant application before this Court for release of the motorcycle in his favour. 5. On perusal of the report, it transpires that the vehicle was seized on 05.07.2023. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in Police Station. 6. In view of law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934, it is directed that if the motorcycle is not auctioned by the police, the same be released in favour of the applicant subject to the conditions that applicant shall produce the vehicle as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, applicant shall not sell or dispose of the motor. The other conditions viz. security bond etc., shall be decided by the trial Court as the Court may deem fit and proper. 7. The instant application stands allowed. Order Date :- 7.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad