2026:UHC:4840 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No.1116 of 2026 Hon’ble Alok Mahra, J. Ms. Sheetal Selwal, learned counsel for the petitioner. 2. Mr. V.S. Pal, learned A.G.A. along with Mr. Nikhil Bisht, learned Brief Holder for the State. 3. By means of the present criminal writ petition under Article 226 of the Constitution of India, the petitioners seek issuance of a writ, order or direction in the nature of certiorari quashing the order dated 04.06.2026 passed by the learned Special Sessions Judge, Nainital in Criminal Misc. Case No. 66 of 2026 arising out of Case Crime No. 390 of 2025, registered under Sections 8/20/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Ramnagar, District Nainital. A further prayer has been made for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to release the Goods Carrier (Truck) bearing Registration No. UK04 CA 8489, registered in the name of the petitioner, which has been seized in connection with the aforesaid case and is presently lying at Police Station Ramnagar, District Nainital. 4. Learned counsel for the petitioner would submit that an F.I.R. came to be 2026:UHC:4840 registered alleging recovery of 44.26 kilograms of Ganja from the possession of the petitioner, who was travelling in the aforesaid Goods Carrier (Truck) bearing Registration No. UK04 CA 8489 at the time of the alleged recovery; that, the petitioner, who is a named accused in the said F.I.R., has already been enlarged on bail vide order dated 13.05.2026 passed by a Coordinate Bench of this Court; that, the petitioner moved an application before the learned trial court seeking interim release of the aforesaid vehicle on the ground that it is lying in the open premises of the police station and, due to prolonged exposure to natural elements and non- use, there is every likelihood of the vehicle deteriorating and losing its utility and value. 5. She would further submit that the petitioner had undertaken before the court below that as and when required, he would produce the vehicle before the court or any competent authority and would abide by any condition imposed for its release; that, the learned Special Sessions Judge, by the impugned order dated 04.06.2026, rejected the said application merely on the ground that the vehicle in question was allegedly used in the commission of the offence and was involved in transportation of the contraband; that, the rejection of the application is legally unsustainable, particularly when the petitioner has 2026:UHC:4840 already been granted bail and the continued detention of the vehicle in the police station serves no useful purpose; that, the vehicle is a commercial goods carrier and sole source of livelihood of the petitioner and, on account of its continued seizure, the petitioner and his family are facing serious financial hardship. 6. Learned State Counsel would vehemently oppose the writ petition and submitted that since 44.26 kilograms of Ganja was allegedly recovered from the possession of the petitioner while he was travelling in the aforesaid vehicle, the court below rightly rejected the application for release of the vehicle. However, learned State Counsel does not dispute the fact that the petitioner has been granted bail by a Coordinate Bench of this Court in connection with the aforesaid case. 7. Having heard learned counsel for the parties and upon perusal of the material brought on record, this Court finds that the vehicle in question is lying at the police station in an open condition and is likely to deteriorate with the passage of time. Mere involvement of the vehicle in the alleged offence cannot, by itself, be a ground to deny its interim release, particularly when its identity and ownership are not disputed and the petitioner is willing to furnish adequate security and produce the vehicle whenever required by the 2026:UHC:4840 court or investigating agency. The object of seizure is to preserve the property for the purpose of trial and not to permit its destruction by keeping it unused in the custody of the police. 8. In the facts and circumstances of the case, the impugned order dated 04.06.2026 passed by the learned Special Sessions Judge, Nainital in Criminal Misc. Case No. 66 of 2026 arising out of Case Crime No. 390 of 2025, under Sections 8/20/60 of the N.D.P.S. Act, Police Station Ramnagar, District Nainital, cannot be sustained and is hereby quashed. 9. Consequently, the Goods Carrier (Truck) bearing Registration No. UK04 CA 8489 shall be released forthwith in favour of the petitioner, subject to verification of ownership and on such terms and conditions, including furnishing of adequate security, execution of a personal bond and an undertaking to produce the vehicle as and when required by the trial court or any competent authority, as may be imposed by the learned court below. 10. The writ petition is accordingly allowed. 11. Pending applications, if any, shall stand disposed of. (Alok Mahra, J.) 15.06.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f2 44f3e584af1449e430ef900bf 09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b6 6dd26690a191648ab5d8dd0 04ef0, cn=MAMTA RANI Date: 2026.06.16 18:20:42 +05'30'