Mohd. Shamim vs State of U.P.

R.D. Shukla, J.—The present petition u/s 482, Cr. P.C. has been filed for release of motor cycle No. U.P.32/H-9737 Yamaha, detained in connection with Crime No. 146 of 1996, u/s 8/21, N.D.P.S. Act, P.S. Zaidpur, district Barabanki.

Heard learned Counsel for the Petitioner and learned Additional Government Advocate.

It appears from Annexure-1 that State v. Mohammad Haneef,Criminal Trial No. 131 of 1996, ended in discharge of the accused, as no offence was made out against him. This order was passed on 22.5.1998. It appears that a revision was preferred against this order and in the meantime, an application was moved for release of the motor cycle detained in that case but this application has been rejected vide order dated 5.6.2000 by I Vth Additional Sessions Judge, Barabanki, on the ground that the order discharging the accused from the case is subject-matter of a revision pending before the High Court.

Since no case is pending under Criminal Trial No. 131 of 1996, as accused has been discharged in the case, therefore, there is no need to detain the vehicle. It should be released in favour of the person having title over it. The Court concerned shall release the vehicle after verifying the title papers of the vehicle in favour of the owner and with these directions the petition is disposed of finally.