J&K HC Dismisses UAPA-Seized Vehicle Release Plea

Srinagar- The High Court of J&K and Ladakh has dismissed a plea by two accused, seeking release of a vehicle seized by police in connection with a case registered under the provisions Unlawful Activities (Prevention) Act besides under Section 7/25 IA Act and 3 Explosive Substances Act in 2023.

A division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem passed the verdict, observing that the accused“jumped the gun” in approaching the court.

“The Appellant (accused) seems to have jump 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,” the court observed.

“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.

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, the court said.

“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.” The accused had been arrested on November 27, 2023 by a police team in collaboration with 3rd RR nafri camp near Sirhama in Anantnag district of south Kashmir.

MENAFN23092025000215011059ID1110102321