The court held that a seized vehicle involved in a narcotics case can be released on Supurdgi, emphasizing the need for evidence preservation without unnecessary detention.

ORDER

Applicant has filed this revision under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 being aggrieved by the order dated 21.03.2025 passed by the Special Judge, NDPS Act, Narsinghpur in SC NDPS/7/2025 rejecting the application filed by the applicant under Section 497 of BNSS, 2023 for release of the vehicle i.e. Pickup Van bearing Registration No. HR61E1347 on Supurdgi. The said vehicle was seized by the police in an offence registered vide Crime No. 311/2023 for the offence punishable under Section 8/20 of the NDPS Act.

2. Learned counsel for the applicant submits that the application for release of the vehicle was rejected by the court below observing that it was seized by the police while it was illegally transporting the narcotic substance and it was also observed by the court that in the said offending vehicle a special chamber was made to hide the narcotic substance and therefore, if the said vehicle is given on Supurdgi, the said chamber would be tampered or removed whereby the said important evidence would be destroyed.

3. Learned counsel for the applicant submits that there is no specific bar for releasing the vehicle if it was seized by the police in an offence of NDPS Act. He also submits that merely because the vehicle got registered in the name of the applicant, he cannot be made accused and detaining the vehicle by the police would not serve any purpose. Moreover, it would cause a great loss to the applicant because lying the said vehicle idle in the police station for a long time in touch with sun light and rain would damage/deteriorate it and thereafter it would be of no use for him. He submits that under such circumstances, the said vehicle be released on Supurdgi imposing certain conditions, as this court may deem fit, proper and necessary.

4. In support of his contention, learned counsel for the applicant has placed reliance upon a judgment of the Supreme Court rendered in the case of Bishwajit Dey vs. The State of Assam reported in (2025) 3 SCC 241 and also upon a judgment of Full Bench of this Court rendered in case of Ramlal Jhariya vs. The State of Madhya Pradesh & others - Writ Petition No. 11356/2024 and other connected matters decided on 21.04.2025.

5. Learned counsel for the State has opposed the submission made by the learned counsel for the applicant and submitted that total 146 Kgs. of Ganja was seized from the said vehicle in 67 packets, which were kept hidden in a separate chamber, which was tactfully made in the vehicle for the said purpose only. He has submitted that on enquiring about the ownership of the vehicle, the present applicant was found to be the registered owner of the vehicle and therefore, according to him, during trial vehicle should not be released.

6. I have heard the arguments advanced by the learned counsel for the parties and also perused the record. From perusal of the impugned order it is clear that the court below has rejected the application of the applicant only on the ground that the vehicle, which was seized by the police, was carrying 146 Kgs. of Ganja. It was more than the commercial quantity and it was kept in a special chamber tactfully prepared in the offending vehicle so as to hide the narcotic substance and that the said vehicle would be required during the course of trial, because if chamber is removed from the vehicle, the material evidence would be destroyed. However, I am not satisfied with the reasoning given by the court below while rejecting the application because there are other alternative ways available to keep the evidence safe and alive such as, making video and taking still photographs of the the vehicle from every angle and keeping the same safe in a device like pen drive or hard-disk; the owner of the vehicle can also be directed not to tamper or remove the said chamber from the vehicle and as and when required by the court to examine the vehicle physically, the owner can be directed to produce the same during