2026:CGHC:12661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Revision No.243 of 2026 Mohammad Imran S/o Rizwan Hasan, Aged About 39 Years R/o- Padri Jawar, P/o Tala, P/S Kanhai Hanuman Ganj, District Pratapgarh, Uttar Pradesh Through Power Of Attorney Rizwan Hasan S/o Noseer Ali, Aged About 75 Years, R/o Padri Jawar, P/o Tala, P/s Kanhai Hanuman Ganj, District Pratapgarh, Uttar Pradesh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund (C.G.) ... Non-Applicant For Applicant : Shri Shubham Tripathi, Advocate.

For Non-Applicant/State : Ms. Khulesh Sahu, PL.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

17.03.2026 SISTLA NEELIMA 1. This Criminal Revision under Section 438 of BNSS, 2023 has VISHNU PRIYA been filed against the order dated 21.01.2026 passed by the SISTLA NEELIMA VISHNU PRIYA Date: 2026.03.18 Special Judge NDPS Court, Saraipali, District Mahasamund in Case No.03/2026 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 10/11/2025, during routine vehicle checking by Police Station Basna, vehicle bearing registration No.UP 72 BT 3907 coming from Padampur (Odisha), was intercepted and searched. Upon inspection, a total of 60 kilograms of illegal contraband ganja (commercial quantity) was recovered and seized from the joint possession of the accused persons. The said vehicle bearing Engine No. 3.3NGD05NXX533829 and Chassis No. MAT843004N7N26894, was found to be used for the unlawful transportation of the contraband substance. Accordingly, offences under the NDPS Act and other relevant provisions were registered against the accused persons.

3. The Applicant filed an application under Section 497 of BNSS before the learned trial Court for taking vehicle bearing registration No.UP 72 BT 3907 on Supurdnama, categorically stating that he is the registered owner of the said vehicle and therefore, he is entitled to take his 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 21.01.2026. Hence, this Revision.

4. Learned counsel for the Applicant submits that the Applicant is the registered owner of the vehicle bearing registration No. CG-UP 72 BT 3907. It is further submitted that the said vehicle was being used by the Applicant for his business, i.e., transportation purposes and that the charge-sheet has already been filed. It is also contended that the Applicant is not an accused in the present case, rather, Saddam Hussain and one other co-accused namely Kiyamuddin have been implicated and the Applicant had given the vehicle to his brother Saddam and he had no knowledge of the alleged transportation of contraband ganja. Lastly, it is submitted that the seized vehicle is lying in an open space at the police station resulting in gradual deterioration of its machinery and overall condition, therefore, it would be appropriate to release the vehicle on Supurdnama.

5. On the other hand, learned State Counsel vehemently opposes the submissions made by learned Counsel for the Applicant and supports the impugned order. However, it is fairly submitted that the ownership of the said vehicle is not disputed. It is further submitted that confiscation proceedings under the relevant provisions are pending before the District Magistrate, Mahasamund.

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 se