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HIGH COURT OF MADHYA PRADESH
SHRI ACHAL KUMAR PALIWAL, J
MOHAMMAD OSEEM – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent
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.
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 other
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