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.

Order :

(Arvind Kumar Verma, J.)

1. The present petition is being filed by the present petitioner under Section 528 of BNSS, 2023 against the order dated 01.02.2025 passed in Crime No. 297/2024 by the learned Special Judge (NDPS), Bilaspur, whereby the application under Section 503 of the BNSS, 2023 for taking custody of vehicle bearing registration No. CG 13 UJ 4981, Chassis Number – MA3NYFB1SGD107256 on Supurdnama has been rejected.

2. Brief facts of the case is that the prosecution story in brief is that based on informer information, the Gaurla Police seized a total of 160 Kilograms of Cannabis (Ganja), along with the Vehicle Brezza, TUV, and a Mobile Phone from the joint possession of the accused persons namely Uday Chauhan and Tulsi Bai, Near the Main Road Bridge at Harratola. During the investigation, it was stated that the Cannabis (Ganja) was loaded into the vehicle by other accused persons, who piloted it to Bilaspur via Odisha, Jagdalpur, Bilaspur, and Gaurla routes. As a result, the vehicle was also seized from the joint possession of the accused Anuj Adile, Arun Chandra, and Uttara allas Sahil Khunte. The documents presented by the applicant and the original RC attached in the case diary show that the present petitioner (Raju Sidar) is the registered owner of the seized vehicle. On 02.09.2024 at 08:00 P.M., the Police of Police Station Gaurela, District Gaurela-Pendra-Marwahi (C.G.) lodged the First Information Report (F.I.R) for the offence punishable under Section 20(B), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. on 13.12.2024, the petitioner moved the application under Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 457 of the Code of Criminal Procedure, 1973) for taking custody of Vehicle [Model - Maruti Suzuki Vitara Brezza ZDI, Registration No. CG 13 UJ 4981, Chassis Number MA3NYFB1SGD107256] on Supurdnama along with necessary documents of the Vehicle before the Learned Special Judge (NDPS) Bilaspur, District Bilaspur (C.G.). Copy of the application under Section 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 along with other relevant documents. vide order dated 01.02.2025 passed in Crime No. 297/2024, the Learned Special Judge (NDPS) Bilaspur, District Bilaspur (C.G.) ha wrongly rejected the application of the petitioner for taking custoc of Vehicle [Model - Maruti Suzuki Vitara Brezza ZDI, Registration M CG 13 UJ 4981, Chassis Number MA3NYFB1SGD107256] on supurdnama.

3. Learned Counsel for the petitioner contended that the petitioner is not an accused in the said crime and the vehicle used for commission of the offence of Excise Act without the knowledge or permission of the petitioner and if any illegal act has been committed by the accused person namely Arun Chandra, for which the petitioner cannot be held responsible. He further contended that the vehicle was not involved in any crime, but still the police has seized the vehicle only on the basis of suspicion, therefore, it will be appropriate to release the vehicle on Supurdnama.

4. On the other hand, learned State Counsel vehemently opposes the submissions made by the learned counsel for the petitioner and submission made in this regard.

5. I have heard learned counsel for the respective parties and order passed by the trial Court with utmost circumspection.

6. Considering the facts and circumstances of the case and submission made by counsel for the parties and further considering the order passed by the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in (2002) 10 SCC 283, in para 7 and 17 has laid down guiding principles for releasing the vehicle seized by police. For ready reference, the relevant portion is reproduced below:

7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely:

I. Owner of the article would not suffer because of its remaining unused or by its misappropri