Seized Vehicle Used By UP Cops For Raid, Later Involved In Fatal Accident; Allahabad High Court Orders DGP Inquiry
The Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to conduct an independent and discreet inquiry into the circumstances in which a vehicle seized in an excise case was taken out of police custody for a police raid and subsequently involved in a fatal accident.
The Court observed that the circumstances surrounding the removal and use of the seized vehicle raised "serious questions", particularly as the vehicle was later involved in an accident in which a woman died.
The Court, however, dismissed the petition challenging confiscation of the vehicle, finding no illegality or perversity in the orders passed by the District Magistrate and the appellate court.
A bench of Justice Anil Kumar-X directed that the enquiry be completed within 8 weeks and a compliance report before the Court.
Briefly put, a Mahindra XUV was seized in Bulandshahr after the petitioner (Rahul @ Dharamdev) was allegedly found carrying 19 cartons of country-made liquor. An FIR was registered under Sections 60 and 63 of the U.P. Excise Act.
The vehicle was subsequently seized and confiscation proceedings were initiated under Section 72 of the U.P. Excise Act.
The District Magistrate later confiscated the vehicle and assessed its market value at ₹6.45 lakh. The petitioner's challenge to the confiscation order before the appellate court was also dismissed.
During the High Court proceedings, however, it emerged that the seized vehicle had been taken out from Police Station Ramghat on June 4, 2021.
According to the State's submission, the then Head Moharrir, Sita Ram, allegedly provided the vehicle to two constables, Pankaj Rana and Narendra Singh, for conducting a search for a wanted accused, without the knowledge of the then SHO, Virendra Singh.
The High Court noted that the vehicle had already been seized and confiscation proceedings were pending. It therefore examined the circumstances under which police personnel had removed the seized vehicle from police custody.
The Court observed that if the vehicle was taken out from police custody without lawful authority, it would amount to a "serious breach of the duty entrusted to the police officials responsible for its custody".
The vehicle was involved in an accident on June 7, 2021. The accident caused serious injuries to the parents of one Manoj Kumar, with his mother subsequently succumbing to her injuries.
An FIR was thereafter registered at Police Station Raya, Mathura under Sections 279, 338 and 304-A IPC, and the vehicle was seized in connection with that case.
The High Court observed that the State's explanation regarding the removal of the vehicle from police custody "gives rise to further serious questions".
The Court noted that once the vehicle had been seized and confiscation proceedings were pending, its custody could not be dealt with casually by police personnel.
The State informed the Court that departmental proceedings had been conducted against the Head Moharrir and the two constables and that all three had been awarded censure entries in their service records.
The High Court found that aspect prima facie inadequate in view of the circumstances.
The Bench observed that the alleged misconduct was not merely a procedural lapse but, if established, involved "unauthorized removal and use of a seized vehicle, breach of entrusted custody and conduct resulting in the vehicle being involved in a fatal accident".
The Court observed thus:
"the award of a mere censure entry, without any apparent consideration of the gravity of the alleged misconduct, the consequences of the unauthorised use of the vehicle and the possibility of criminal liability, prima facie appears wholly inadequate".
The Court accordingly directed an independent examination of whether the departmental proceedings were fair, impartial and meaningful and whether they had adequately considered the possible criminal consequences of the alleged conduct.
The High Court directed the DGP's inquiry to examine how the seized vehicle was removed from the police station and the respective roles of the Head Moharrir, the two constables and the then SHO.
The inquiry will also examine the circumstances of the fatal accident, the adequacy of the earlier departmental proceedings, the role of the then SSP, Bulandshahr, and whether the facts prima facie disclose any criminal offense warranting registration of an FIR or further lawful action.
The Court specifically directed examination of whether the alleged conduct attracted provisions relating to theft, criminal misappropriation, criminal breach of trust or any other offence under the applicable law.
The DGP has also been directed to examine the present whereabouts and legal status of the vehicle and its status in the subsequent Mathura case.
At the same time, the Court made it clear that it was not recording any final finding regarding the criminal liability of any police official at this stage. The inquiry, it said, was intended to ascertain the facts and fix responsibility in accordance with law.
Case title - Rahul @ Dharamdev vs. State of U.P 2026 LiveLaw (AB) 753
Case Citation: 2026 LiveLaw (AB) 753