IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 24 OF JULY, 2024 MISC. CRIMINAL CASE No. 22172 of 2024 BHANU PATLE Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Nitesh Kumar Jain - Advocate for the applicant.

Shri Manoj Kushwaha - Panel Lawyer for respondent/ State.

ORDER Heard.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure for taking the vehicle bearing registration No.PMP 50 ZB 1122 on supurdagi against the order dated 02.5.2024 passed in SC(NDPS) No.02/2024 by Special Judge (NDPS), District Balaghat (M.P.), whereby learned Special Judge rejected the applicant's application filed under Section 457 of Cr.P.C to get the interim custody of the Motorcycle Pulser bearing Registration No. PMP 50 ZB 1122, Chesis No. MD2B64BX1PPK36113 HX, Engine No. DHXPPK72555 and Mobile Sim No.8959349840 of Realme Company which was seized by the Police Station Kotwali, District Balaghat in Crime No.55/2024 registered for the offence punishable under Section 8/20B of NDPS Act.

2. Brief facts of the case which are relevant to the disposal of this Signature Not Verified petition are that, Police Kotwali, District Balaghat has seized Motorcycle Pulser bearing Registration No. PMP 50 ZB 1122, Chesis No. MD2B64BX1PPK36113 HX, Engine No. DHXPPK72555 and Mobile Sim No.8959349840 of Realme Company in respect of Crime No. 55/2024 registered for the offences punishable under Section 8/20B of NDPS Act. After investigation police filed the charge sheet and on that charge sheet, Special Case(NDPS) No. 02/2024 was registered which is pending before Special Judge (NDPS) District Balaghat. During pendency of case, the applicant, who is the registered owner of the said vehicle filed an application under Section 457 of Cr.P.C. before Special Judge (NDPS), Balaghat for getting interim custody of the said vehicle and Mobile. The learned Special Judge rejected the application vide order dated 2.5.2024. Being aggrieved by that order, applicant filed this petition.

3. Learned counsel for the applicant submitted that applicant is the registered owner of the said Motorcycle Pulser bearing Registration No. PMP 50 ZB 1122, Chesis No. MD2B64BX1PPK36113 HX, Engine No. DHXPPK72555 and Mobile Sim No.8959349840 of Realme Company, so he is entitled to get the custody of said vehicle and mobile. He further submitted that learned Special Judge committed mistake in rejecting the prayer of the applicant and not giving the said vehicle and mobile in custody. In this regard, counsel has relied on the Apex Court judgment in the case of Sunderbhai Ambalal Desai vs. State of Gujarat AIR 2003 SC 638 and Tikeshwar Singh Vs. State of Chhatishgarh (Cri.Misc. Petition No.1374/2020), whereby the Court held that whatever be the situation, it is of Signature Not Verified no use to keep seized vehicle at Police Stations for long period. It is for the Magistrate to pass appropriate orders immediately by taking bond and guarantee as well as security for return of said vehicle, if required at any point of time. Hence, counsel prayed that the application be allowed.

4. On the contrary, learned counsel for the respondent/State opposed the submissions of the counsel for the applicant and has submitted that the said vehicle was seized for carrying illegal Ganja under the NDPS Act, therefore, trial Court has rightly rejected the application of the applicant.

5. This Court has gone through the record and arguments put-forth by both the parties. On perusal of the record, it is evident that the applicant is the registered owner of the seized vehicle and Mobile. There is no provision in the NDPS Act to restrict the power of the trial Court to release the vehicle in interim custody. It has been held by this Court in the case of Pandurang Kadam vs State of M.P. 2005 (2) ANJ MP 351, that notwithstanding the fact that the vehicle is liable to be confiscated under Section 60 of the NDPS Act, it may be released in inte