ANOOP KUMAR DHAND
Khurshid – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT (ORDER)
By way of filing the present criminal misc. petition, a challenge has been led to the impugned order dated 01.11.2025 passed by the Additional Sessions Judge, Laxmangarh, District Alwar by which the application submitted by the petitioner under Section 497 read with Section 503 BNSS, 2023 seeking supurdagi of the seized subject vehicle bearing No.DL-3-CBV-6509, has been rejected.
2. Learned counsel for the petitioner submits that an FIR No.81/2024 was registered with Police Station Badodamev, District Alwar for the offences under Sections 8, 20 & 25 of the NDPS Act, wherein the subject vehicle in question was seized and the petitioner is the registered owner of the subject vehicle. Learned counsel submits that now investigation is completed and the subject vehicle is not required for the purpose of investigation, therefore, the subject vehicle in question be released on supurdagi. In support of his contentions, he has placed reliance upon the judgments passed by the co-ordinate Bench of this Court in the case of Deepu Vs. State of Rajasthan through P.P. reported in 2024 (2) Cri.L.R. (Raj.) 751 and Devigan Urf Degen Verman Vs. State of Rajasthan reported in 2021(1) C
Seizure of vehicle carrying narcotic drugs – Owner of vehicleis not entitled to get Supurdagi of vehicle.
A vehicle seized under the NDPS Act can be released to its registered owner if no confiscation order has been issued, provided ownership is substantiated.
A vehicle used in an NDPS Act offence can be released on superdari even if the applicant is not the registered owner, provided effective ownership is established.
The court ruled that the conditional release of a seized vehicle should not be denied without valid reasons, emphasizing the need to prevent damage during prolonged custody.
The court established the principle that the trial court has the power to release a seized vehicle to the registered owner in interim custody, citing the absence of a provision in the NDPS Act restri....
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