The court emphasized the necessity of timely judicial intervention for the release of seized vehicles involved in drug-related offences to prevent prolonged detention.

ORDER :

This criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’), to release Honda Accord Car bearing No.DL-3C-BA-2622 (hereinafter referred to as “crime vehicle”) seized in Crime No.334 of 2024 of P.S. Banjara Hills, registered for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(A) and 27 of NDPS Act, 1985.

2. Heard Ms. Meghana Addla Suneel, learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents-State. Perused the record.

3. The case of the petitioner is that he is the registered owner of the crime vehicle. On the ground that ganja was being transported in the crime vehicle, the respondent-Police have seized the same.

4. The Hon’ble Supreme Court in Union of India v. Mohanlal and another, (2016) 3 SCC 379 has given certain guidelines in paragraph No.20, which are as follows:

“ 20. To sum up we direct as under:

(1) No sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered Under Section 53 of Act. The officer concerned shall then approach the Magistrate with an application Under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required Under Sub-Section 3 of Section 52A, as discussed by us in the body of this judgment under the heading 'seizure and sampling'. The sampling shall be done under the supervision of the magistrate as discussed in paras 13 and 14 of this order.

(2) The Central Government and its agencies and so also the State Governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and controlled Substances and Conveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the seized drugs. The Central

Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs.

(3) The Central Government and the State Governments shall be free to set up a storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one districts.

(4) Disposal of the seized drugs currently lying in the police maalkhans and other places used for storage shall be carried out by the DDCs concerned in terms of the directions issued by us in the body of this judgment under the heading 'disposal of drugs'.”

5. The Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283 held that, whatever be the situation, it is of no use to keep such seized 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. This can be done pending hearing of applications for return of such vehicles. Various High Courts in the judgments stated above, after referring to various provisions of the Act, including Sections - 52-A, 60 and 63 and various provisions of Cr.P.C., and also the principle laid down in Sunderbhai Ambalal Desai and Mohanlal (cited supra), ordered to release the vehicles seized in the crimes for the offences under the NDPS Act.

6. In view of the above said legal positions, this Criminal Petition is allowed, directing the Station House Officer, P.S. Banjara Hills, to produce the crime vehicle (i.e., Honda Accord Car bearing Registration No.DL-3C-BA-2622) before the learned III Additional Chief Metropolitan Magistrate, Hyderabad (for short ‘tr