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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Indu Sharma C/o Poshan Prashad Sharma – Appellant
Versus
State Of Chhattisgarh Through - Station House Officer, Police Station- Mana Camp, District- Raipur (C.G.) – Respondent
Order :
(Arvind Kumar Verma, J.)
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by the petitioner being aggrieved by the order dated 25.01.2025 passed by the Learned Additional Sessions Judge, Raipur, in Session Case no. 269/2024 concerned in Crime No. 386/2024 registered at Police Station Mana Camp, District Raipur, for the offence punishable under Sections 64,, 351(2) of the BNS, wherein the petitioner’s application under Section 451 of the Code of Criminal Procedure/Section 497 of the BNSS for release of her seized vehicle, Honda City Car bearing registration no. CG 04 NC 1947 was rejected by the learned sessions court.
2. Brief facts of the case are that on 06.09.2024 the vehicle Honda City car bearing registration no. CG 04 NC 1947 was seized by the Police of Police Station Mana Camp in connection with crime no. 386 of 2024 which was registered under section 64 and 351(2) of the BNS against the petitioner’s son. The car was seized on a complaint lodged by the victim, who had alleged that she was forcibly taken in the said car and the car was being driven by the son of the petitioner on that day i.e. on 04.09.2024. She further alleged that
The court emphasized the need for expeditious release of seized vehicles to prevent depreciation and unnecessary damage, affirming the rights of registered owners not involved in alleged crimes.
Prolonged custody of seized vehicles can cause decay; courts should allow their release under conditions.
The court emphasized the need for timely release of seized vehicles to prevent deterioration, ruling that ownership and lack of involvement in crime justify custody release.
The court emphasized the need for prompt judicial action in releasing seized vehicles to prevent unnecessary decay and loss to the owner.
The court can allow the release of seized vehicles to the owner upon furnishing a bank guarantee, relying on relevant legal precedents.
The court can allow the release of seized vehicles on supardaginama upon furnishing a bank guarantee, relying on relevant legal precedents.
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