Seized vehicles should not be kept in police custody for extended periods to prevent deterioration; they should be released to the owner upon providing an appropriate bond and security, pending trial.

ORDER

1. This petition has been filed by the petitioner under Section 528 of BNSS, 2023 for quashment of impugned order dated 23.09.2025 passed by the 11th Additional Sessions Judge, Bhopal District Bhopal in Criminal Revision No.492/2025 arising out of order passed by JMFC, Bhopal, District Bhopal dated 05.01.2024 in which the application for supurdiginama of vehicle bearing registration No.MP-04UJ-4704 has been confiscated in Crime No.188/2023 for offence committed under Section 34(2) of Excise Act, has been dismissed.

2. The brief facts according to the prosecution story is that the police of police Station Parvaliya Sadak District Bhopal registered crime No.188/2023 for alleged offence U/s 34(2) of M.-P.Excise Act, it is alleged that the 63 Liter country made liquor was seized on which the said vehicle was used for transporting the liquor. On the said allegation police lodged FIR and started investigation in the matter and submit the charge sheet before the competent court.

3. Learned counsel for the petitioner submits that the trial Court as well as the revisional Court have dismissed the applications filed by the petitioner without application of mind has passed the impugned orders dated 05.01.2024 and 23.09.2025, which is bad in the eyes of law. It is further submitted that petitioner is the registered owner of the vehicle bearing registration No.MP-04UJ-4704. It is submitted that vehicle is lying in open custody at the police station and is continuously deteriorating in value and condition due to exposure to weather, thereby causing irreparable loss to the petitioner.

4. Learned counsel for the objector as well as learned counsel for the respondent/State counsel have opposed the prayer made by the petitioner.

5. Heard learned counsel for the parties.

6. The vehicle in question has been seized in connection with Crime No.188/2023 registered at Police Station Parvaliya Sadak, District, Bhopal (M.P.) for the offence under Section 34(2) of Excise Act. Keeping in view the fact that trial would take considerable time and if the vehicle is kept open under the sun and rain, it would be subjected rust and damage, the impugned order dated 23.09.2025 passed by the 11th Additional Sessions Judge, Bhopal District Bhopal in Criminal Revision No.492/2025 and order dated 05.01.2024 passed by II Civil Judge Junior Division, Bhopal, District Bhopal are hereby set aside.

7. The Apex Court in case of Sunderbhai Ambalal Desai Vs. State of Gujarat (2002) 10 SCC 283 has held as under:-

"15. Learned Senior Counsel Mr Dholakia, appearing for the State of Gujarat further submitted that at present in the police station premises, a number of vehicles are kept unattended and vehicles become junk day by day. It is his contention that appropriate directions should be given to the Magistrates who are dealing with such questions to hand over such vehicles to their owners or to the person from whom the said vehicles are seized by taking appropriate bond and guarantee for the return of the said vehicles if required by the court at any point of time.

16. However, the learned counsel appearing for the petitioners submitted that this question of handing over the vehicle to the person from whom it is seized or to its true owner is always a matter of litigation and a lot of arguments are advanced by the persons concerned.

17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking app