[2026:RJ-JD:12797]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 638/2026 Bherulal S/o Ratan Lal, Aged About 30 Years, Akodiya Police Station Begu District Chittorgarh Rajasthan ----Petitioner Versus State Of Rajasthan, Through P P ----Respondent For Petitioner(s) : Mr. Navneet Singh Birkh For Respondent(s) : Mr. Shriram Choudhary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

17/03/2026

1. The instant criminal miscellaneous petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the order dated 09.01.2026 passed by the learned Special Judge, NDPS Cases No.01, Chittorgarh in Criminal Misc. Application No. 05/2026 arising out of FIR No. 84/2022 registered at Police Station Sadas, District Chittorgarh for the offences under Sections 8/18 and 29 of the NDPS Act, whereby the application filed by the petitioner under Section 503 BNSS for release of the seized vehicle i.e. Motorcycle Hero HF Deluxe bearing registration No. RJ 09 NS 8254 on supurdagi came to be rejected.

2. Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle in question which has been seized by the police authorities and the same has been lying in the police station since long. It is further submitted that being the owner, the petitioner is the person best entitled to the custody of the seized property and there is no other claimant seeking supurdagi of the same. It is also contended that continued retention of the vehicle in the police station is resulting in its deterioration.

3. Learned Public Prosecutor has opposed the petition.

4. Having considered the submissions and perused the material available on record, this Court finds that the vehicle in question has remained in police custody for a considerable period and its continued retention is likely to result in deterioration of its condition.

5. This Court is guided by the judgment rendered by Hon’ble the Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638, as also the order dated 18.11.2022 passed in Sainaba Vs. State of Kerala & Anr. in Criminal Appeal No. 2005/2022 [arising out of SLP (Crl.) No.7280/2022], wherein it has been observed that even in NDPS cases, the vehicle can be released on appropriate terms and conditions.

6. In view of the above, and considering that the petitioner is the registered owner of the vehicle and there is no rival claimant, and the recovered quantity of contraband is below commercial, this Court deems it just and appropriate to grant interim custody of the vehicle.

7. Accordingly, the instant criminal miscellaneous petition is allowed. The impugned order dated 09.01.2026 passed by the learned Special Judge, NDPS Cases No.01, Chittorgarh is set aside and the learned trial court is directed to release the vehicle i.e. Motorcycle Hero HF Deluxe bearing registration No. RJ 09 NS 8254 in favour of the petitioner on supurdagi till conclusion of the trial, subject to his furnishing a Supurdaginama of Rs.50,000/- along with one surety of the like amount to the satisfaction of the court below.

(FARJAND ALI),J

147-Pramod/-