2026:CGHC:9873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Revision No. 177 of 2026 Mina Chouhan W/o Chamru Chouhan Aged About 50 Years R/o Ward No. 05 (Wrongly Mentioned As Ward No.15 In The Impugned Order), Mahantpara, Bamhnibazar Village And Post- Bamhnidih, Police Station And Tahsil Bamhnidih, Distt. Janjgir-Champa (C.G.)

... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Singhoda Distt.- Mahasamund (C.G.) ...Non-Applicant For Applicant : Shri Pritam Singh, Advocate.

For Non-Applicant/State : Ms. Sunita Manikpuri, G.A.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

25.02.2026 SISTLA

1. This Criminal Revision under Section 438/442 of BNSS, 2023 NEELIMA VISHNU PRIYA has been filed against the order dated 04.11.2025 passed by the

SISTLA NEELIMA

VISHNU PRIYA

Date: 2026.02.26

11:02:30 +0530

Special Judge (NDPS Act), Saraipali, District Mahasamund in Crime No.65/2025 whereby, the application preferred by the Applicant under Section 497 of BNSS for releasing the seized vehicle on Supurdnama has been rejected.

2. As per the prosecution case, on 07.08.2025, upon receiving information through Dial 112 regarding an accident, the police intercepted a black and white Scorpio bearing registration No. CG- 12-BF-4655, whose driver had allegedly driven rashly and negligently, causing an accident and grievous injuries to one Digambar Patel. During further inquiry and search, conducted in accordance with the provisions of the NDPS Act, the said Scorpio and a white Ertiga bearing registration No. CG-04-LM-0358 (allegedly piloting the vehicle) were seized. From the Scorpio, a total of 30 kilograms of Ganja (21 packets of 1 kg each, along with additional packets of 5 kg and 4 kg) were recovered, along with 6 goats and 3 bucks alleged to be stolen. Accordingly, offences under the NDPS Act and other relevant provisions were registered against the Applicant.

3. The Applicant filed an application under Section 497 of BNSS before the learned trial Court for taking the white Ertiga bearing registration No.CG-04-LM-0358 on Supurdnama, categorically stating that she is the registered owner of the said vehicle and therefore, she is entitled to take her vehicle which has been seized by the police. The said application of the Applicant was rejected by the learned trial Court vide impugned order dated 04.11.2025.

Hence, this Revision.

4. Learned counsel for the Applicant submits that the Applicant is the registered owner of the vehicle bearing registration No. CG- 04-LM-0358 (White Ertiga). It is further submitted that the said vehicle was merely piloting the black and white Scorpio bearing registration No. CG-12-BF-4655, from which 30 kilograms of ganja, 6 goats and 3 bucks were seized and that the charge-sheet has already been filed. Lastly, it is contended that the seized vehicle is lying in an open place at the police station, resulting in gradual deterioration of its machinery and condition, therefore, it would be appropriate to release the vehicle on Supurdnama.

5. On the other hand, learned State Counsel vehemently opposes the submission made by learned Counsel for the Applicant and supported the impugned order. However, it is fairly submitted that ownership of the said vehicle is not disputed.

6. I have heard learned Counsel for the respective parties and perused the order impugned with utmost circumspection.

7. 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 misappropriation;

ii. court or the police would not be required to keep the article in safe custody;

iii. i