2025:CGHC:56030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3486 of 2025 Sudarshan Kumar Shriwas S/o Shri Hemlal Aged About 38 Years R/o Village Nirtu, P.S. Koni, District Bilaspur (C.G.)

... Petitioner versus State of Chhattisgarh Through Police Station Koni, District Bilaspur (C.G.)

... Respondent For Petitioner : Mr. Tapan Kumar Chandra, Advocate For State /Respondent : Ms. Sunita Manikpuri, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma)

Order on Board

18/11/2025

1. The instant petition has been filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 by the petitioner assailing the order dated 02/08/2025 passed by the Special Judge Mines and Minerals (Development and Regulation) Act, 1957/Sessions Judge, Bilaspur, in Spl. Case (Mine & Mineral) No.01/2025 whereby the learned Court has rejected the petitioner’s application preferred under Section 497 of the BNSS, 2023 for supurdnama of the petitioner’s vehicle i.e. Tractor Digitally signed by bearing Registration No.CG 10 BS 4993.

ASHUTOSH

ASHUTOSHMISHRA

MISHRA Date:

2025.11.24

+0530

2. Brief facts of the case are as projected by the petitioner are that on

12.06.2025, during a routine inspection conducted in the local area, officials intercepted the vehicle and seized it on the allegation of transportation of sand without production of valid documents at the spot. On the basis of the said allegation, Police Station Koni registered a crime for offences under Sections 4(1)(A), and 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. After seizure, the vehicle has been kept in open premises at the Police Station, exposed to weather conditions, resulting in continuous deterioration of its mechanical parts. Accordingly, the Petitioner moved an application under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court of the Special Judge (Mines and Minerals Act), Bilaspur, seeking interim custody of the vehicle on supurdnama, submitting that he is the registered owner and is ready and willing to furnish adequate security and abide by any conditions imposed by the Court. In the said application, the Petitioner submitted that he is the lawful and registered owner of the vehicle, that the vehicle is required for his agricultural and household purposes, and that the sand in question had already been procured earlier for the construction of a residential house sanctioned under a Central Government housing scheme, and was only being shifted locally from a temporary storage point to the construction site. The Petitioner further submitted that continued seizure of the vehicle in the open is causing avoidable wear and damage to the vehicle and that he is prepared to produce the vehicle before the concerned authorities as and when required. By order dated 02.08.2025, the Learned Special Judge (Mines and Minerals Act), Bilaspur, rejected the Petitioner's application for interim custody of the said vehicle. Hence this petition.

3. Learned counsel for the petitioner would contend that learned Court, while rejecting the application for interim custody, did not record any finding disputing or discrediting the Petitioner's status as the registered owner of the vehicle. He would next contend that it is a trite law where ownership is undisputed and the vehicle is not required for evidentiary purposes in its present form, interim custody ordinarily ought to be granted subject to suitable conditions, so as to prevent deterioration of the property during pendency of proceedings. The impugned order, therefore, fails to appreciate the non-commercial, domestic nature of the alleged transportation. He would lastly contend that the Sessions Court has allowed the application moved by the co-accused Dinesh Dewangan vide order dated 20/08/2025, hence the vehicle i.e. Tractor bearing Registration No.CG 10 BS 4993 may kindly be released on supurdnama.

4. On the other hand, learned State Counsel wo