NEELAM vs STATE OF UTTARAKHAND

UKHC010117852026

2026:UHC:7813


Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS





SL.
Date

No.

C528/1459/2026

Neelam
--Applicant
Versus
State Of Uttarakhand
--Respondent
Hon'ble Alok Mahra, J.
Mr. Umanshu Singh Jolly, learned
counsel for the applicant.
2. Ms. Meenakshi Sharma, learned
Brief Holder for the State.
3. By means of the present C-528
application, the applicant seeks
quashing of the order dated 27.05.2026
st
passed by the learned 1 Additional
District and Sessions Judge/Special
Judge, N.D.P.S. Act, Dehradun, whereby
the application moved by the applicant
for release of her vehicle, namely, Toyota
Glanza G bearing Registration No. UK-
07-BY-1120, was rejected. A further
direction is sought to the concerned
authorities for release of the said vehicle
in favour of the applicant.
4. Learned counsel for the applicant
would submit that F.I.R. No. 114 of 2026
was registered on 08.04.2026 at Police
Station Doiwala, District Dehradun,
under Sections 8/20/60 of the Narcotic
Drugs and Psychotropic Substances Act,
1985. It is alleged that during routine
checking, 1.276 kilograms of cannabis

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was recovered from the possession of the
applicant's husband, which was allegedly
concealed beneath the vehicle bearing
Registration No. UK-07-BY-1120. The
applicant's husband was arrested, the
contraband was seized and the vehicle in
question was also taken into custody.
5. It is further submitted that the
applicant's husband has since been
enlarged on regular bail; that, the
applicant, being the registered owner of
the vehicle, moved an application before
the learned Special Judge, N.D.P.S. Act,
Dehradun, seeking its release on the
ground that it was lying exposed in the
open premises of the police station and
was deteriorating due to continuous
exposure to sun, rain and other natural
elements; that, the said application was
rejected by the impugned order dated
27.05.2026; that, the impugned order
has been passed by the court below in a
cursory manner.
6. Per contra, learned State counsel
would oppose the writ petition and
submit that the vehicle in question was
allegedly used in the commission of an
offence under the N.D.P.S. Act. It is
further submitted that this is allegedly
not the first occasion on which the
vehicle has been found involved in an
offence relating to narcotic substances
and, therefore, there is an apprehension
that, in the event of its release, the
vehicle may again be used for illegal

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activities.
7. Heard learned counsel for the
parties and perused the material
available on record.
8. It is not disputed that the applicant
is the registered owner of the vehicle
bearing Registration No. UK-07-BY-1120
and that the vehicle has remained in
police custody since its seizure. The
applicant's husband, from whose
possession the contraband is alleged to
have been recovered, has already been
enlarged on bail.
9. The Hon'ble Supreme Court in
Sunderbhai Ambalal Desai v. State of
Gujarat, (2002) 10 SCC 283, has
emphasized that seized vehicles should
not be allowed to remain unattended in
police stations for prolonged periods, as
they are likely to deteriorate and lose
their value. The purpose of seizure can
adequately be secured by preparing a
proper inventory and preserving the
identity and condition of the vehicle
through photographs or videography.
Mere seizure of a vehicle in connection
with an offence does not, by itself,
necessitate its continued retention in
police custody throughout the pendency
of the proceedings. The question of
confiscation, if any, is required to be
determined by the competent court in
accordance with law. The interim release
of the vehicle, subject to appropriate
safeguards, would not affect such

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proceedings.
10. Considering the facts and
circumstances of the case, this Court is
of the view that no useful purpose would
be served by allowing the vehicle to
remain exposed to the vagaries of
weather and deteriorate in the premises
of the police station. Its identity and
evidentiary value can adequately be
preserved by imposing suitable
conditions.
11. Accordingly, the C-528 application
is allowed. The impugned order dated
27.05.2026 passed by the learned 1st
Additional District and Sessions
Judge/Special Judge, N.D.P.S. Act,
Dehradun, is hereby set aside. The
vehicle, namely, Toyota Glanza G bearing
Registration No. UK-07-BY-1120, shall
be released in favour of the applicant,
being its registered owner, on her
furnishing a personal bond and two
reliable sureties to the satisfaction of the
learned court concerned, subject to the
following conditions:
(i) The applicant shall not sell, transfer,
alienate, mortgage or create any third-
party interest in respect of the vehicle
without prior permission of the
competent Court;
(ii) The applicant shall not alter or
tamper with the registration number,
engine number, chassis number or any
other identifying particulars of the
vehicle;
(iii) The applicant shall keep the vehicle
in proper condition and shall produce it

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before the Investigating Officer, the trial
Court or any other competent authority
as and when required;
(iv) The applicant shall ensure that the
vehicle is not used for any unlawful
purpose or in the commission of any
offence.
12. Before release of the vehicle, the
Investigating Officer shall prepare a
detailed inventory and record its
registration number, engine number,
chassis number and other identifying
particulars. Necessary photographs and,
if required, videography of the vehicle
shall also be taken and preserved on
record.
13. It is clarified that the release of the
vehicle shall be purely by way of interim
custody and shall remain subject to the
final outcome of the criminal proceedings
and any order regarding confiscation or
disposal that may be passed by the
competent Court in accordance with law.
14. The observations made herein are
confined solely to the question of release
of the vehicle and shall not be construed
as an expression of opinion on the merits
of the criminal case.
15. Pending application(s), if any, shall
stand disposed of accordingly.


(Alok Mahra, J.)
MAMTA
31-08-2026
Mamta

RANI
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e
430ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e6
8911ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.09.01 16:59:46 +05'30'

UKHC010117852026

2026:UHC:7813