Order on Board

1. Heard on admission.

2. Admit.

3. With the consent of the parties, the matter is heard finally.

4. The present petition under Section 528 of the BNSS, 2023 has been filed against the order dated 28.03.2026 passed by the learned Special Judge (NDPS Act), Raipur, C.G., whereby the application preferred by the petitioner under Section 503 of the BNSS for release of his vehicle, i.e., Maruti Swift car bearing registration No. CG-27-K-5068, has been rejected.

5. Brief facts of the case are that the vehicle, i.e., Maruti Swift car bearing registration No. CG-27-K-5068, owned by the petitioner, was seized in connection with Crime No.453/2025 registered at Police Station Abhanpur, District Raipur (C.G.), for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the Act of 1985’). It is alleged that the accused persons used the said vehicle for illegal transportation of 15 packets of ganja weighing 15.750 kg, and upon raid, the said contraband was seized from their possession.

6. The petitioner, being the owner of the vehicle, moved an application for release of the said vehicle on Supurdnama, however, the same was rejected by the learned trial Court vide the impugned order dated 28.03.2026. Hence, the present petition.

7. Learned counsel for the petitioner submits that the petitioner is vehicle’s owner and is not accused of committing the alleged offence. He placed reliance on a decision of the Supreme Court rendered in Criminal Appeal No.87/2025 (Bishwajit Dey Vs. The State of Assam) decided on 07.01.2025 and submits if the vehicle in the present case is kept in the custody of police till the trial is over, it will serve no purpose, therefore, the order passed by the learned trial Court cannot be sustained in law and is liable to be set aside. Accordingly, he prays that a direction be issued to the respondent to release the vehicle to the petitioner on Supurdnama.

8. Per contra, learned State counsel submits that the offending vehicle was involved in the transportation of the alleged ganja and, therefore, opposes the prayer for release of the said vehicle on Supurdnama.

9. It is evident from the record that the petitioner is the owner of the vehicle and is not shown as an accused. The vehicle was seized on 09.12.2025 while it was allegedly being used for transportation of 15 packets of ganja. It is also an admitted fact that the said contraband was recovered from the possession of the accused persons and not from the petitioner.

10. So far as retaining the said vehicle in police custody is concerned, it is matter of common knowledge or experience that as and when the vehicle is seized and kept in police station, not only do they occupy substantial space in police station, but upon being kept in open place are also prone to fast natural decay on account of whether conditions. That apart, several valuable and costly parts of the said vehicle will get junked so that the vehicles would become unworthy of being driven on road. Therefore, no purpose will be served to keep the said vehicle in police custody for a long time as it will turn junk and also occupy the substantial place of police station.

11. Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat (200) 10 SCC 283 held that it is no use to keep such seized vehicles at Police station for a long period and it is open to the Magistrate to pass appropriate orders immediately by taking a bond and a guarantee as well as security for return of the said vehicle, if required at any point of time.

12. Further in a recent reportable decision rendered in Bishwajit Dey versus The state of Assam, Criminal Appeal No.87 of 2025, decided on 07.01.2025, Hon’ble the supreme Court held thus :

“34. This Court is also of the view that if the vehicle in the present case is allowed to be kept in the custody of police till the trial is over, it will serve no purpos