Seized property should be released if not required for trial, in line with Supreme Court directives for judicious custody management.

ORAL JUDGMENT

Date : 05-12-2025 Heard learned counsel for the petitioner as well as learned counsel for the State.

02. The instant revision petition has been filed against the order dated 31.07.2025, whereby and whereunder the application filed by the accused-petitioner for release of his Pulsar motorcycle bearing Registration No. BR27U-8151, Chassis No. MD2B68BX2RWA37087 and Engine No.

DHXWRA44418 and Mobile phone of Vivo company bearing IMEI No. 861297055234553 seized in connection with NDPS Case No. 08 of 2024, arsing out of Hisua P.S. Case No. 266 of 2024 registered for the offences under Sections 20 (b)(ii)(B) of NDPS Act rejected by the learned Additional Sessions Judge-

1st, Nawada.

03. Briefly stated facts of the case are that during patrolling three persons on two motorcycles were found in suspicious conditions talking to each other. They tried to run away on seeing the police party. They were chased and apprehended. Petitioner was found driving a Pulsar motorcycle and 5 kg of Ganja was recovered from a bag kept between the petitioner and co-accused Bablu Singh. Police team seized the contraband, motorcycles, mobile phones and cash from the petitioner and two other co-accused persons. The petitioner has approached this Court for release of his motorcycle and mobile phone.

04. Learned counsel for the petitioner submits that the impugned order has been passed without consideration of facts and the law applicable. Petitioner is the registered owner of the motorcycle seized in the case and the mobile phone with allegation that recovery of 5 kg of Ganja was made from a plastic bag kept on the motorcycle on which the petitioner and two co-accused persons have been travelling. The Court did not consider the fact that the petitioner was made accused in the case merely because of the fact that the petitioner is the registered owner of the vehicle from where recovery has been shown. Learned counsel further submits that the charge sheet has been submitted in this case against the petitioner and other co-accused persons and petitioner has been granted bail vide order dated 09.12.2024 passed in Cr. Misc. No. 82860 of 2024. Learned counsel further submits that that even no adverse report has been submitted either by the I.O. of the case or by the District Transport Officer. Rather the IO submitted that there was no further requirement of the motorcycle in the investigation. Similarly as the investigation has been completed, the police need not keep the mobile phone in its custody. The motorcycle along with mobile phone of the petitioner was seized on 14.05.2024 and since then these are getting damaged every day. The learned trial court did not consider the guidelines issued by the Hon’ble Supreme Court from time to time about release of case property especially the vehicles considering the fact that leaving the vehicles to rot and become junk in the police stations results in wastage of resources and adds to national loss. Learned counsel reiterates that the motorcycle of the petitioner has been kept in open condition and getting damaged every day. Learned counsel further submits that no confiscation proceeding has been started in the present case. Learned counsel thus submits that in these circumstances impugned order is completely illegal.

05. Learned counsel appearing on behalf of the State-

respondents submits that the confiscation proceeding has not been started in the present case.

06. Perused the record.

07. From perusal of the record, it transpires that the motorcycle of the petitioner has been seized as it was found that 5 kg of Ganja was being carried in one plastic bag kept on the motorcycle between the two persons. The learned trial court has not furnished any reason for rejection of the application of the petitioner for releasing of the motorcycle and mobile phone. Merely saying that 5 kg of Ganja was seized which was kept on the motorcycle would not suffice for the purpose of not releasing the vehicle. Moreover, the learne