HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41892 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed for setting aside of the order dated 19.08.2026 passed by learned Chief Judicial Magistrate, Bareilly, whereby application filed by the applicant for release of her vehicle seized in the proceeding under Section 4/21 of Mines and Minerals Act, Police Station Baheri, District Bareilly, has been rejected. 3. Learned counsel for the applicant contends that applicant is the owner of the vehicle bearing no. UP 21 CT 5098 and that the vehicle in question has been falsely implicated in the aforesaid case. He further submits that no useful purpose would be served in keeping the vehicle at police station which would result in the vehicle becoming junk. Learned counsel for the revisionist has relied upon a decision of Hon'ble Apex Court in the matter of Sunder Bhai Ambalal Desai Vs. State of Gujarat 2003 (46) A.C.C. 223 in support of his contention, in which it has been held that it is not desirable in the matter of motor vehicle, the vehicle be kept at the police station for a long time which result in the vehicle becoming junk, therefore, the vehicle-in-question should be released in favour of the registered owner on such terms and conditions as the court below may deem fit and proper. Learned counsel for the petitioner has also placed reliance upon the decision of this Court reported in 2012 (77) ACC 381 Shyam Singh Kushwaha Vs. State of U.P. and another, in support of his contention. 4. After hearing the learned counsel for the applicant, learned A.G.A., and after perusing the order impugned as well as averments made in the present application, this Court is of the opinion, that the arguments as raised by learned counsel for the applicant has substance. Versus Counsel for Applicant(s) : Haseeb Alam Ansari, Mohd Hasnain Counsel for Opposite Party(s) : G.A. Smt Shamsheeda Bano .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 5. Accordingly, the order dated 19.08.2026 passed by learned Chief Judicial Magistrate, Bareilly, is hereby set aside with the liberty to the applicant to file an appropriate application along with all relevant documents showing the ownership of the vehicle, before the court concerned and if such an application is filed within one month from today, the same shall be considered and disposed of as expeditiously as possible, in accordance with law, preferably within a period of one month, thereafter. 6. With the aforesaid directions, this application under Section 528 BNSS is finally disposed off. September 30, 2026 Mustaqeem. NA528 No. 41892 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad