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Digitally signed by BHOLA B N H AT O H LA NATH KHATAI KHATAIDate:

2026.03.27 16:01:51 +0530

2026:CGHC:13947

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 3573 of 2025

1 - Subhra Singh Tomar W/o Virendra Singh Tomar Aged About 41 Years R/o Shyama Prasad Mukherjee Ward No. 61, Sai Villa, Colony Bhatagaon, Raipur, Police Station Purani Basti, District -

Raipur Chhattisgarh

2 - Bhavna Singh Tomar W/o Rohit Singh Tomar Aged About 30 Years R/o Shyama Prasad Mukherjee Ward No. 61, Sai Villa, Colony Bhatagaon, Raipur, Police Station Purani Basti, District -

Raipur Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Station House Officer, Police Station, Purani Basti, Raipur, District - Raipur Chhattisgarh

... Respondent

For Petitioner : Mr. Sajal Kumar Gupta, Advocate For Respondent/State : Mr. Sumit Singh, Dy. A.G.

Hon'ble Shri Justice Sanjay Kumar Jaiswa l

Order on Board

24.03.2026

1. The present petition under Section 528 of BNSS, 2023, has

been filed against the order dated 16.10.2025 passed by

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learned 2^nd Additional Sessions Judge, District Raipur (C.G.) in S.T No. 318/2025 whereby the application filed by the petitioners under Section 497 of BNSS for grant of interim custody of the seized vehicle Mahindra Thar and 3

mobile phones has been rejected.

2. The case, in nutshell, is that the petitioners along with co-

accused were involved in money lending without requisite license, charging exorbitant interest, and acquiring properties through coercion and deceit. It is alleged that the accused acquired properties, including seized assets, through criminal activities. Consequent to a report lodged in this regard, FIR was registered as Crime No. 230/2025 at Police Station Purani Basti, Raipur (CG) for the offence under Sections 308(2), 111(1) of BNS and Section 4 of the

Chhattisgarh Protection of Debtors Act, 1937.

3. During the investigation of the aforementioned crime, the

Police seized a Red Mahindra Thar (bearing registration No. CG 04 PA 0017) and two Samsung smartphones belonging to Petitioner No. 2, Bhavna Singh Tomar, along with one iPhone 13 Pro Max belonging to Petitioner No. 1, Subhra Singh Tomar. The petitioners subsequently moved an application for the release of the vehicle and the three mobile phones on Supurdnama. However, the said application was rejected by the 2nd Additional Sessions

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Judge, Raipur, vide order dated 16.10.2025, leading to the

filing of this petition.

4. Learned counsel for the petitioners submits that petitioner

No.2 Bhavna Singh Tomar is the registered owner of the seized vehicle Red Mahindra Thar and two mobile phones while petitioner No.1 Subhra Singh Tomar is the owner of one iPhone. As the petitioners possess all valid and effective documents for the said vehicle and articles, they are entitled to their release on Supurdnama. He further submits that the seized vehicle and mobiles are kept for a long time idle in the police station, there is danger of the vehicle being damaged by vagaries of weather and no useful purpose would be served by detaining the vehicle and mobiles in the police station till the trial is concluded. Therefore, He prayed that the seized vehicle and mobile

phones may be released on Supurdnama.

5. On the other hand, learned State counsel vehemently

opposes the submission made by learned counsel for the petitioners and submits that the petitioners have refused to disclose the passwords for the mobile phones, which contain important evidence related to the case and were

used in the commission of the alleged crime.

6. I have heard learned counsel for the parties and perused

the order impugned with utmost circumspection.

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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 CrP