Sabir Ali vs State Of U.P.
2021 Latest Caselaw 6111 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- CRIMINAL REVISION No. - 891 of 2021
 
Revisionist :- Sabir Ali
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Shashank Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

This present revision has been filed challenging the order dated 30.01.2021 whereby the application of the revisionist for release of the seized vehicle No. UP-70-GT 5499 has been rejected.

The contention of the counsel for the revisionist is that the revisionist is the owner of the vehicle having registration No.UP-70-GT 5499 duly registered on 22.10.2018 and is also having the requisite permit, fitness certificate as well as P.O.C.

It is stated that the vehicle in question was confiscated on 01.12.2020, under Section 4/21 Mines and Minerals (Regulation and Development) Act, 1957 and Sections 3/57/70 of U.P. Khanij (Parihar) Niyamawali, 1963 by the Police Station Mauaima, District-Prayagraj.

The vehicle was seized on the allegation that the vehicle was caught with mines and minerals namely Gitti. It is stated that the revisionist has deposited Rs.61,500/- as compounding in compliance of seizure order dated 29.11.2020 and the penalty has also been deposited and thus no useful purpose would be served in keeping the vehicle in question seized. He has placed reliance in the case of Sunder Bhai Amba Lal Desai Vs. State of Gujrat 2003 (46) SCC 203.

Considering the facts as recorded above and the judgment of the Apex Court, order dated 30.01.2021 cannot be sustained and is accordingly set aside with directions to release the vehicle in question to the revisionist on production of the relevant record of ownership within a period of three days from the date of filing of the application along with the copy of the order before court concerned.

The revision is allowed in terms of the aforesaid order.

Order Date :- 9.6.2021/piyush