Uttarakhand High Court
C528/51/2026 on 17 February, 2026
2026:UHC:1040
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
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and Registrar's
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Signatures
C528 No.51 of 2026
Hon'ble Alok Mahra, J.
Ms. Shumayla Zafri and Ms. Lubhna Jahan, Advocates for the applicant.
Mr. K.S. Bora, Deputy Advocate General for the State of Uttarakhand.
2. By means of the instant criminal miscellaneous application, the applicant seeks quashing of order dated 14.05.2025 passed by learned Special Judge, NDPS Act/1st Additional Sessions Judge, Nainital in Misc. Release Application No.36 of 2025. Further relief is prayed for directing respondents to release the seized scooty bearing registration no.UK04 AL-2298 in favour of the applicant.
3. The applicant was arrested in connection with the recovery of 25.61 grams of Smack. In addition to the alleged contraband, a mobile phone and the aforesaid scooty were also seized. It is contended that the applicant moved an application seeking release of the seized articles. The learned trial Court, vide order dated 14.05.2025, partly allowed the said application by directing release of the mobile phone, while rejecting the prayer for release of the scooty. Aggrieved thereby, the present application has been preferred.
4. Applicant was arrested for carrying 25.61 grams of Smack. Beside the alleged contraband, a mobile phone and scooty was also apprheneded from the possession of the applicant. According to the applicant, he moved an application for release of the seized articles in his favour. Learned trial Court vide order dated 14.05.2025 partly allowed the applicant's release application and allowed to release the mobile phone 2026:UHC:1040 only and rejected the application for release of aforesaid scooty. Hence, this criminal misc. application.
5. 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. It is further submitted that, even as per the First Information Report, the alleged contraband was recovered from the sweater worn by the applicant and not from the vehicle. Thus, there is no prima facie material to establish that the 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 commission of the alleged offence. It is also submitted that the vehicle has been lying in the custody of the police since 14.01.2025 and continued detention would result in its deterioration and depreciation in value.
6. 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.
7. 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.
8. Heard learned counsel for the parties 2026:UHC:1040 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.
9. In view of the foregoing discussion, the impugned order dated 14.05.2025 is liable to be interfered with to the extent it rejects the prayer of the applicant for release of the scooty bearing Registration No. UK04 AL-2298.
10. Accordingly, the said order is quashed insofar as it relates to dismissal of the applicant's release application concerning the aforesaid vehicle.
11. Consequently, the Criminal Miscellaneous Application stands allowed to the aforesaid extent. The competent authority is directed to release the scooty in favour of the applicant/registered owner forthwith, subject to his furnishing adequate bonds and sureties to the satisfaction of the Court 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.3 of 2025.
(Alok Mahra, J.) 17.02.2026 Arpan ARPAN 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, JAISWAL st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.17 17:28:45 +05'30'