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NEUTRAL CITATION NO. 2026:MPHC-JBP:9619

1 MCRC-8951-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE B. P. SHARMA

rd

ON THE 3 OF FEBRUARY, 2026

MISC. CRIMINAL CASE No. 8951 of 2025

ARISHNA PARDHI

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Siddharth Shrivastava - Advocate for the petitioner.

Shri Vijay Shukla - 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 24.12.2024 passed by the Special

Judge, NDPS Act, Vijayraghavgarh, District (M.P.) in Special Case (NDPS)

No.51/2024 whereby the application for Supurdnama of motor cycle bearing

registration No.MP54 ZA 8017 has been confiscated in Crime No.553/2024 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 Vijayraghavgarh, District Katni, registered crime No.553/2024 for

alleged offence U/s 8/20 of NDPS Act, it is alleged that 1 Kg 100 gms of

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 24.12.2024, which is bad in the eyes of law. It is further

Signature Not Verified

Signed by: LORETTA RAJ

Signing time: 04-02-2026

13:40:12

NEUTRAL CITATION NO. 2026:MPHC-JBP:9619

2 MCRC-8951-2025

submitted that petitioner is the registered owner of the vehicle bearing registration

No.MP54 ZA 8017. 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.553/2024 registered at Police Station Vijayraghavghar, 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 to rust and damage, the impugned order dated

24.12.2024 passed by the Special Judge, NDPS Act, Katni (M.P.) in Special Case

(NDPS) No.51/2024 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

Signature Not Verified

Signed by: LORETTA RAJ

Signing time: 04-02-2026

13:40:12

NEUTRAL CITATION NO. 2026:MPHC-JBP:9619

3 MCRC-8951-2025

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.