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NEUTRAL CITATION NO. 2026:MPHC-JBP:10343

1 CRR-484-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH

ON THE 5^th OF FEBRUARY, 2026

CRIMINAL REVISION No. 484 of 2026

SURESH YADAV

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Rohit Sohgaura - Advocate for the applicant.

Shri Mukesh Shukla - Government Advocate for State of M.P.

ORDER

Heard on the question of admission.

With the consent of learned counsel for the parties this revision is

heard finally.

2. This revision is filed against the order dated 31.12.2025 passed

by learned Special Judge, N.D.P.S.. Act, Katni in SC N.D.P.S. 63 of

2025.

3. The aforesaid order has been challenged on the ground that the

applicant has no connection with the alleged crime and he has been

falsely implicated. No cogent reason has been assigned for rejecting the

application for Supurdnama of the Pick Up No. M.P.-18-Z.A. 9627.

4. It is further submitted that the entire reading of the prosecution

case/charge-sheet it is clear that co- accused was carrying contraband

substance and he was travelling as a passenger to travel from Amiliya

Signature Not Verified

Signed by: 37a54170-d81d-

4133-9abf-4d76b62a4b17

Signing time: 05-02-2026

18:25:10

NEUTRAL CITATION NO. 2026:MPHC-JBP:10343

2 CRR-484-2026

to Kamore. The applicant was unaware regarding the fact that co-

accused was carrying contraband substance, hence this on this ground

alone the applicant deserves to be enlarged on bail.

5. It is further submitted that under N.D.P.S. Act read with Cr.P.C.

custody of the vehicle can be given to the owner and if it is not given

then there is possibility of damage to the vehicle or the vehicle may

become dysfunctional.

6. Learned Government Advocate for the State submits that the

order of the trial court is well justified and this revision should be

dismissed.

7. It it seen that perhaps due to cut and paste the ground no.4 is

mentioned as "the applicant deserves to be enlarged on bail." This

typographical error is ignored.

8. On perusal of the order of learned trial court dated 31.12.2025,

it is seen that on 31.12.2025 the first Superdnama application which was

earlier filed was not pressed. It was dismissed on the same day. Second

Superdnama application was filed on which arguments were heard by the

trial court.

9. Against the present applicant and other co- accused Badi Pardhi

a Crime No.397 of 2025 r/w Section 8/20 of N.P.D.S. Act was

registered and charge-sheet has been filed and now the case is registered

as Case No.63 of 2025.

10. Pick Up No. M.P.-18-Z.A. 9627 is registered in the name of

Signature Not Verified

Signed by: 37a54170-d81d-

4133-9abf-4d76b62a4b17

Signing time: 05-02-2026

18:25:10

NEUTRAL CITATION NO. 2026:MPHC-JBP:10343

3 CRR-484-2026

the present applicant - Suresh Yadav.

11. As reflected from the order and arguments of learned counsel

for both the parties 18kg and 600 gram was recovered from the joint

possession of the applicant and Badi Pardhi.

12. It is seen that the trial has to take place. In the charge -sheet the

Police has indicated that both the accused persons i.e. present applicant

and other co- accused Badi Pardhi are involved in the crime under

N.D.P.S. Act as stated above.

13. Hon'ble Supreme Court in Denash Vs. State of Tamil Nadu

2025 SCC OnLine SC 2276 has held as under :-

33. The situation at hand may be examined with reference to the

principles enunciated by this Court in paragraphs 29 and 30 of

Bishwajit Dey (supra), wherein four scenarios were delineated

concerning the seizure of contraband from a conveyance, along with

the general approach to be adopted by Courts while considering the

question of interim release of such conveyances. Paragraphs 29 and

30 of Bishwajit Dey (supra), are extracted hereinbelow for ready

reference:—

“29. Though seizure of drugs/substances from conveyances can take

place in a number of situations, yet broadly speaking there are four

scenarios in which the drug or substance is seized from a

conveyance. Firstly, where the owner of the vehicle is t