Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(P&H) 86680

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J
Gurjinder Singh – Appellant
Versus
State of Punjab – Respondent
CRM-14893-2026 IN CRA-D-206 of 2021

Advocates:
For the Appellants/Petitioners: Sandeep Verma,
For the Respondents: Pooja Nayar Sharma, Rajiv Sharma, Vinayak Atre, Indu Bala Sharma

Seized vehicles under the NDPS Act can be released on interim custody (superdari) during the pendency of an appeal to prevent natural decay and devaluation, provided the applicant furnishes financial bonds equal to the vehicle's market value protected by interest, ensuring the state's interest remains secured.

Headnote:(A) NDPS Act, 1985 - S. 52A, S. 27A, S. 25, S. 29, S. 15, S. 60 - BNSS, 2023 - S. 497 - Release of seized vehicle on superdari - Pendency of appeal - Confiscation of vehicle used for transportation of contraband - Interim release of vehicle during pendency of appeal permitted provided applicant furnishes financial bonds equivalent to market value - Court emphasizes prevention of deterioration of vehicle and economic loss to owner - Appellate Court has discretion to release property where no specific bar exists under statute. (Paras 12, 17, 30, 31, 38)

Facts of the case:
The applicant, the owner of a truck used to transport narcotic substances (poppy husk), was convicted by the trial court under the NDPS Act. The vehicle was ordered to be confiscated as part of the sentencing. The applicant appealed the conviction and sought the interim release of the vehicle on superdari, arguing that the vehicle’s continued retention in the police station causes it to degrade into junk, resulting in economic loss to the owner and loss of national assets.

Findings of Court:
The Court held that keeping vehicles idle in police stations, where they succumb to weather and cannibalization, is not a prudent policy. It ordered the interim release of the vehicle upon the applicant filing a valuation report and furnishing financial bonds and sureties to cover the vehicle's market value, ensuring that the state's potential confiscation interest is protected without destroying the vehicle's value.

Issues: Whether a vehicle seized under the NDPS Act can be released on interim custody (superdari) during the pendency of a criminal appeal, and what conditions should the court impose to balance confiscation interests with the owner's property rights.

Ratio Decidendi: In the absence of a specific statutory bar, the court can invoke general powers (like S. 451/457 CrPC or S. 497 BNSS) to release seized vehicles to prevent decay. The court's primary duty is to protect the vehicle's value through financial undertakings so that, in the event of final confiscation, the state remains protected, rather than allowing the vehicle to become worthless junk.

Result: Application allowed.

Table of Content
1. introduction and case background for vehicle release application. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. initial judicial observations regarding confiscation and interim release. (Para 9 , 10 , 11 , 12 , 13 , 14)
3. analysis of legal provisions and judicial precedents regarding seized property. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
4. court's final reasoning for release on financial bonds. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46)

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PER: ANOOP CHITKARA J.

FIR No.	Dated	Police Station	Sections
38/2018	14-09-2018	P.S. NCB Chandigarh	§§15,25,27(A) and 29 of the NDPS Act, 1985 [NDPS Act]

CASE DETAILS
Name of the Court	Special Judge Patiala
Case Type	NDPS Act
Case No.	NDPS:32 of 8.3.2019
CIS no.	133 of 2019
CNR No.	PBPT01 006627-2019
Date of Decision	17.3.2021
Date of order on the quantum of sentence

Accused No.	Name of the accused/convict	Conviction under Sections
A-1	Sandeep Singh	§15 NDPS Act
A-2	Sarabjeet Singh	§15 NDPS Act
A-3	Amandeep Singh	§15 NDPS Act
A-4	Gurjinder Singh	§§27-A, 25, 29 NDPS Act

1. Aggrieved by the confiscation of a vehicle, the applicant-appellant, claiming himself to be its registered owner, has come up before this Court seeking its release on financial bonds.

2. The facts of the case are being taken from the impugned judgment. On Sep 13, 2018, the Investigation Officer, Narcotics Control Bureau’s [NCB] received secret information about the transportation of 2 to 3 quintals of poppy husk from Mandsaur, Madhya Pradesh, towards Bhavani via Samana to be delivered to Gurjinder Singh, the applicant herein. At about 9:15 PM, the NCB team started maintaining a vigil on trucks coming from Pathran’s side, and at about 9:30 PM, one truck matching the description in the secret information was observed approaching Bhavanigar Chowk, Samana. The NCB officers signaled for it to stop and noticed that two people were sitting beside the driver in the truck. They were asked to alight, and the driver disclosed his name as Amandeep Singh, while the other two disclosed theirs as Sarabjeet Singh and Sandeep Singh. During the search of the truck, the police recovered sacks full of poppy husk, and all the three occupants of the truck were arraigned as accused. After conducting further investigation, the total weight of poppy husk was 252.600 kilograms. Further investigation revealed the involvement of the truck owner, Gurjinder Singh, the applicant herein, who was also arraigned as accused #4.

3. By the judgment dated Mar 17, 2021, Special Judge Patiala, convicted the truck’s occupants, under §15§15. Punishment for contravention in relation to poppy straw. and the present applicant was convicted under sections §§27A§27A. Punishment for financing illicit traffic and harboring offenders., 25§25. Punishment for allowing premises, etc., to be used for commission of an offence., and 29§29. Punishment for abetment and criminal conspiracy. of the NDPS Act and sentenced separately.

4. The vehicle mentioned above [a TATA LPT3118 TC FULL OPEN BODY 2017, bearing registration No. PB-13BB-0379], was seized in FIR mentioned above.

5. In the order of sentencing dated Mar 19, 2021, the trial Court also ordered that since convicts were using the truck bearing number PB-13-BB-0379 to transport the contraband and as per the copy of RC Exhibit P14, the said truck was owned by Gurjinder Singh who was also convicted under §25 of the NDPS Act and since the truck was found to have been used for transporting the puppy husk, and the owner of the truck who had already been held guilty under §25 of the NDPS Act, consequently the truck in question was ordered to be confiscated to the State.

6. Challenging the judgment of conviction and sentence, the appellant had come up before this court by filing the present appeal, which stands admitted and is pending for final hearing. By order dated Sep 10, 2025, a coordinate d

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2026 Supreme(Online)(P&H) 86680

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHAnoop Chitkara, JGurjinder Singh – AppellantVersusState of Punjab – RespondentCRM-14893-2026 IN CRA-D-206 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J
Gurjinder Singh – Appellant
Versus
State of Punjab – Respondent
CRM-14893-2026 IN CRA-D-206 of 2021