JUDGMENT

Dated this the 10^th day of February, 2026 The counter petitioners 1 to 3 in M.C.No.06/2025 in S.C. (NDPS) No.50/2020 on the files of the Special Court for trial of offences under the Narcotic Drugs and Psychotropic Substances Act, cases, Thodupuzha, have filed this appeal under Section 495 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘ BNSS ’ for short).

2. Heard the learned counsel for the appellants and the learned Public Prosecutor in detail and perused the order impugned.

3. Precisely stating, the 1^st appellant is the owner of a Swift car bearing registration No.KL-03-S-3388, which was found transporting 3.480 kg of dried Ganja on 29.03.2017 by accused Nos.1 to 4 in crime No.10/2017 of Excise Circle Office, Peermade. The 1^st appellant filed Crl.M.P.No.78/2017 seeking interim custody of the vehicle.

By order dated 10.07.2017, the trial court allowed the petition on execution of a bond for an amount of ₹3,00,000/- (Rupees three lakh only) each, wherein appellants 2 and 3 herein stood as sureties for releasing the car in this case before trial court. Thereafter, due to non-production of the vehicle before the trial court as directed, even