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HIGH COURT OF MADHYA PRADESH
SHRI ACHAL KUMAR PALIWAL, J
MOHAMMAD OSEEM – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
MISC. CRIMINAL CASE No. 38476 of 2025
The expiry of a vehicle's Registration Certificate (RC) does not constitute a bar to the grant of interim custody/supurdagi of a seized vehicle under the NDPS Act, provided the petitioner establishes registered ownership and complies with procedural safeguards, including verification of all vehicle papers by the SHO. (!) (!)
Prior to release, the SHO must obtain and verify all papers of the vehicle from the registered owner. (!) While valid documentation supports smooth compliance, RC expiry alone does not preclude release where the owner is not implicated in the offence, subject to the trial court's satisfaction on merits, bond, surety, and other conditions (e.g., no alienation, production as required, condition preservation). (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) The petitioner may be directed to renew the RC or provide ancillary proofs of ownership if raised by the court or prosecution.
| Table of Content |
|---|
| 1. application submitted for interim release of seized vehicle. (Para 1 , 2 , 3 , 4) |
| 2. relevant ndps provisions discussed regarding vehicle confiscation and custody. (Para 5 , 6 , 8) |
| 3. discussion on interim custody powers under ndps and crpc. (Para 10 , 11 , 12 , 15) |
| 4. final ruling permits the vehicle's release under specified conditions. (Para 16 , 17 , 19) |
ORDER
This petition has been filed under Section 528 of BNSS assailing order dated 25.04.2025 passed by Additional Special Judge (NDPS Act), Rewa, in M.J.C.R. No. 621/2025, whereby, the petitioner's application for releasing Bolero bearing registration No.UP-70-BD-0461 has been dismissed.
2. Learned counsel for the petitioner submits that he is registered owner of Bolero bearing registration No.UP-70-BD-0461. Aforesaid vehicle has been allegedly seized by the police in Crime No.25 of 2025 under Section 8, 21, 22 of NDPS Act and 5/13 of MP Drug Control Act and Section 503 of BNS. On above grounds, it is urged that order passed by the trial Court be set aside and vehicle UP-70-BD-0461 be released and given on Supurdagi.
3. Learned Panel Lawyer for the respondent/ State has opposed the application.
4. Heard learned counsel for the parties and considered rival submissions made hereinabove and has also gone through the record of the case.
Relevant provisions of law of NDPS Act:-
5. Before discussing the issues involved in the case, it would be appropriate to refer relevant provisions of law which are as under:-
“(i). 36-C. Application of Code to proceedings before Special Court – Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purpose of the said provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a „Special Court‟ shall be deemed to be a Public Prosecutor.
(ii) 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.- The provisions of the (2 of 1974) shall apply, in so far as they are not inconsistent with the provisions of this Act, all the warrants issued and arrests, searches and seizures made under this Act.
(iii). 52-A(1). Disposal of seized narcotic drugs and psychotropic substances:-
1.The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified.
(iv). 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.
(1) Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.
(2) Any narcotic drug or psychotropic substance for controlled substances) lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance for controlled substances] which is liable to confiscation under sub-section (1) and there receptacles, packages and coverings in which any narcotic drug or psychotropic substance for
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