Vehicle seized under UAPA: High Court dismisses plea, says accused were required to respond Div Com’s notice

Srinagar, Sep 24: Noting that they have jumped the gun to seek its intervention instead of responding to Divisional Commissioner’s notice, the High Court of J&K and Ladakh has dismissed a plea by two accused who had sought release of a vehicle seized by police in a case registered under the provisions Unlawful Activities (Prevention) Act besides under Section 7/25 IA Act and 3 Explosive Substances Act in 2023.

“The Appellant (accused) seems to have jumped the gun and, instead of responding to the notice issued by the Designated Authority (Divisional Kashmir), filed an application for release of vehicle, which action of the Appellant is neither tenable from reading of Section 25 of the UA(P) Act nor is permissible in view of the complete mechanism provided under Section 25 of the UA(P) Act,” a division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem said.

According to prosecution the two accused Mehran-ud-Din Dar and Yasir Ahmad Bhat were arrested in November 2023 along with ammunition and subsequently a vehicle (load carrier) was seized which, the police said, was used for subversive activities.

“The present appeal is also not maintainable for the reason that Section 21 of the NIA Act provides for an appeal from any judgment or order not being an interlocutory order of the Special Court to the High Court, both on facts and law,” the bench said.

The court observed that “it is trite law that an order rejecting the application for release of seized property is interlocutory in nature as it does not finally determine the rights of the parties”.

“Therefore, having regard to the bar created under Section 21 of the NIA Act, the present appeal, yet for this reason, is also not maintainable,” it said.