2026:UHC:3635 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C528 No.988 of 2026 Hon ’ble Alok Mah r a, J. Mrs. Sheetal Selwal, Advocate for the applicant. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. 2. By means of the instant criminal miscellaneous application, the applicant seeks quashing of order dated 23.04.2026 passed by learned 1st Additional Sessions Judge/ Special Judge (N.D.P.S. Act), Nainital in Vehicle Release Application No.19 of 2026. Further relief is prayed for directing respondents to release the seized vehicle being Scooty, bearing registration no. UK04- AL-1310 in favour of the applicant. 3. The applicant was arrested in connection with the recovery of 8.30 grams of Smack. In addition to the alleged contraband, aforesaid Scooty was also seized. It is contended that the applicant moved an application seeking release of the seized Scooty. The learned trial Court, vide order dated 23.04.2026 rejected the prayer for release of the aforesaid Scooty. Aggrieved thereby, the present application has been preferred. 4. Learned counsel for the applicant submits that, as per the prosecution case, the Scooty in question was allegedly used for transportation of contraband; however, no cogent material has been placed on record to substantiate such allegation. There is no prima facie material to establish that the aforesaid Scooty was used for illegal transportation of narcotic substances. It is argued that the vehicle was merely a mode of conveyance for the applicant and cannot ipso facto be treated as instrumental in the 2026:UHC:3635 commission of the alleged offence. I t is also submitted that the vehicle has been lying in the custody of the police since 08.03.2026 and continued detention would result in its deterioration and depreciation in value. 5. Reliance is placed on the judgment of the Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, reported in (2002) 10 SCC 283, wherein it was held that prolonged retention of seized vehicles at police stations serves no fruitful purpose. The Magistrate must pass immediate orders for interim release upon appropriate bond, guarantee, or security, to prevent loss or depreciation. 6. Per contra, learned State Counsel submits that, upon completion of investigation, the vehicle was found to be involved in the illegal transportation of contraband and, accordingly, proceedings for confiscation have been initiated, and the vehicle remains in the custody of the concerned police station. 7. Heard learned counsel for the parties and perused the material available on record. The ratio laid down in Sunderbhai Ambalal Desai Vs. State of Gujarat squarely applies to the facts of the present case, particularly with regard to expeditious release of seized vehicles to prevent undue hardship and avoid deterioration, subject to appropriate safeguards. 8. In view of the foregoing discussion, the impugned order dated 23.04.2026 is liable to be quashed and is hereby quashed. 9. Consequently, the Criminal Miscellaneous Application stands allowed. The competent authority is directed to release the aforesaid Scooty in favour of the applicant/ registered owner forthwith, subject to his furnishing adequate bonds and sureties to the satisfaction of the Court 2026:UHC:3635 concerned and upon his undertaking that: (i) he shall produce the vehicle as and when required during investigation or trial; (ii) he shall not transfer, alienate, or create any third-party interest in the vehicle without prior permission of the Court; and (iii) he shall maintain the vehicle in proper condition. It is made clear that such release shall not prejudice the trial pursuant to F.I.R. No.0037 of 2026. ( Alok Mah r a, J.) 13.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.13 14:48:44 +05'30'