IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 27 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 33781 of 2024 JITENDRA SINGH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Rambihari Gautam - Advocate for the petitioner.

Shri Jitendra Shrivastava - Panel Lawyer for respondent/State.

ORDER This petition has been filed by the petitioner under Section 528 of BNSS, 2023 for quashment of impugned order dated 11.07.2024 passed by the Special Judge, NDPS Act, Katni (M.P.) in Special Case (NDPS) No.17/2024 (State v. Durgesh Singh and Ors) whereby the application for Supurdnama of motor cycle bearing registration No.MP54ZA4654 has been confiscated in Crime No.242/2024 for offence committed under Section 8/20 NDPS Act, has been dismissed.

2. The brief facts according to the prosecution story is that the police of police Station Barhi District Katni, registered crime No.242/2024 for alleged offence U/s 8/20 of NDPS Act, it is alleged that 3 Kg cannabis(ganja) was seized on which the said vehicle was used for transporting the contraband. 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 has dismissed the application filed by the petitioner without application of mind has passed the impugned order dated 11.07.2024, which is bad in the eyes of law. It is further submitted that petitioner is the registered owner of the vehicle bearing registration No.MP54ZA4654. 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 respondent/State counsel has 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.242/2024 registered at Police Station Barhi, District Katni (M.P.) for the offence under Section 8/20 of NDPS 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 11.07.2024 passed by the Special Judge, NDPS Act, Katni (M.P.) in Special Case (NDPS)

No.17/2024 is 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 appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time.

This can be done pending hearing of applications for return of such vehicles.

18. In case where the vehicle is not claimed by the accused, owner, or the insurance company or by a third person, then such vehicle may be ordered to be auctioned by the court. If the said vehicle is insured with the insurance company then the ins