The court emphasized the need for timely release of seized vehicles to prevent decay, citing precedents that govern such matters.

Order on Board

20/01/2025

1. The instant petition has been filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita , 2023 by the petitioner assailing the order dated 03/01/2025 passed by the Additional Judge to First Additional Sessions Judge, Saraipali, District Mahasamund in criminal case No.12/2024 whereby the order dated 05/12/2024 passed by the JMFC, Saraipali, C.G. in M.J.C. No. 348 of 2024 rejecting the application for supurdnama filed by the petitioner, has been affirmed.

Digitally signed by ASHUTOSH ASHUTOSHMISHRA MISHRA Date:

2025.01.23 +0530

2. Brief facts of the case are that, the petitioner is the proprietor of the business in the name of Kamal enterprise which deals in the trade of Areca Nuts and the present applicant is the power of attorney holder of the vehicle which is a goods carrier bearing registration no. NL01AD5571 and the owner of the Goods Carrier vehicle is Mukesh Sahani who has given the power of attorney to the present applicant with respect/regard to the aforesaid vehicle and the said vehicle has been seized by the police of police station Singhoda and the said Vehicle which is a goods carrier bearing registration no. NL01AD5571 which is involved in the alleged commission of offence in connection with Rojnamchasana no. 20/2024 has been seized from the driver of the applicant with the allegation that the said vehicle has been used for some ill-legal activity commission of offence. The petitioner being the power of attorney holder of the said vehicle and the deponent in the present application and the petitioner as well as the aforesaid vehicle is not involved in commission of any kind of offence. Where as the applicant is a business man and the applicant deals in trading of Areca Nuts and the aforesaid vehicle bearing registration no. NL01AD5571 has been used by the applicant for the transport of a consignment of Areca nuts weighing 17,920 kgs amounting to Rs 26,62,464/- which was being transported from Kamal enterprise 67/40, Strand Road, Jorabagan, Kolkata, West Bengal to Subh Trading Company Office no. B/8/06, Grama House, Plot No. 14C, sector- 19 Vashi, Thane, Maharashtra, 400706 and during transit the said vehicle has been seized by the police of police station Singhoda distt,. Mahasamund (C.G.) without giving any reason to the applicant or his driver.

3. On 06/11/2024 the police of Police Station Singhoda has intercepted the vehicle of the petitioner in connection with one Istagasa no. 20/2024 and suspected that the aforesaid vehicle has been used for commission any offence. After the seizure when the police has found that inside the aforesaid vehicle container, areca nuts have been found. Then, he sought some information from the GST department but the department of GST has not made any kind of objection. The petitioner immediately after the aforesaid seizure, moved an application U/s 503 of BNSS for release of the vehicle container along with the ARECA nuts before the Judicial Magistrate First Class Saraipali District Mahasamubnd (C.G.) and the learned Judicial Magistrate First Class vide order dated 22.11.2024 has directed to release the vehicle and container on Supurtnama.

4. The petitioner who also wants to get his consignment of Areca Nuts released which has been kept inside of the container of the vehicle and if the aforesaid article Areca Nuts has been kept outside of the container then the same is subject to speedy and natural decay. So, another application for release of his vehicle container and areca nuts has been filed before the Judicial Magistrate First Class and on dated 05.12.2024 dismissed the application of supurdnama for release of the aforesaid Areca Nuts.

5. The learned Judicial Magistrate First Class vide order dated 05.12.202, in view of the fact that the Areca nuts which has been seized according to the police is sub-standard and not human consumable and they are going to initiate proceedings against the petitioner under Food Safety and Statdards Act 2006 and as suc