SABIRALI FARIDI Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavit has been exchanged.

(2.) HEARD learned counsel for the petitioner, learned AGA and perused the record.

(3.) THE petitioner has relied the judgment of the Apex Court reported in 2003 (46) ACC 223, Sunder Bhai Amba Lal Desai v. State of Gujarat. In the aforesaid judgment it was observed by the Apex Court that after seizure of the vehicle appropriate order should be passed immediately because keeping the vehicle at police station for long period would not serve useful purpose. THE appropriate order should be passed immediately by taking appropriate bond and guarantee as well as security for return of the said vehicle, if required at any point of time. It was further observed that this could be done pending hearing of the application for turn of such vehicle. Counsel for the petitioner further stated that for confiscation of the vehicle no proceeding is pending before the District Magistrate concerned.