Madhya Pradesh High Court
Dilip Singh vs The State Of Madhya Pradesh on 16 October, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:30463
1 CRR-4817-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 16 th OF OCTOBER, 2025
CRIMINAL REVISION No. 4817 of 2025
DILIP SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Palak Yadav - Advocate for the revision petitioner.
Shri Rahul Solanki - GA for the State.
ORDER
This revision petition is filed under section 438 r/w 442 of the Bhartiya
Nagrik Suraksha Sanhita, 2023 against the order dated 24/09/2025 passed by the
Additional Special Judge (NDPS) Act, 1985 District Mandsaur in MJCR
No.759/2025 in connection with FIR No.235/2025 registered at Police Station
Pipliayamandia, District Mandsaur (M.P.) whereby, the application for interim
custody of vehicle registered in the name of petitioner i.e. Maruti Alto Car bearing
Registration No.MP-44-CA-5884 is rejected by the trial court.
2. Learned counsel for the petitioner submits that the trial Court committed
error in rejecting the application of the applicant on the ground that if vehicle is
handed over to the applicant then the vehicle will be used again and again in illegal
transportation. The contraband was recovered from the possession of co-accused
Vikas S/o Ramratan Bisnoi, resident of Naneu Police Station- Jamba, District-
Falodi, Rajasthan. The vehicle is possessed by the applicant and he is the
registered owner of the vehicle. The vehicles are machinery and competent
authority never kept in safe custody and trial will take considerable time till then
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2 CRR-4817-2025
the vehicle will not remain in idle condition. The vehicle is liable to be confiscated
only after the conviction, but during the pendency of the trial, the vehicle is lying
in the campus of the police station without any protection. The revision petitioner
has relied upon the judgment passed by the Apex Court in case of Sunderbhai
Ambalal Desai Vs. State of Gujarat (2002) 10 SCC 283 in which it is held that
"the articles seized in any criminal case are not to be kept for long time at Police
Station and in any case for not more than 15 days to one month and the owner of
the article should not suffer because of its remaining unused or misappropriated at
Police Station. Undisputedly, the condition of the vehicle is deteriorating day-by-
day, as the same is lying open to sky and under the heat of sun and rains. The
vehicle is loosing its value day-by-day due to lack of maintenance, natural
wear and tear and passing of time."
3. Learned counsel for the respondent/Sate opposed the prayer of the
revision petitioner.
Heard.
4. Having heard learned counsel for the parties and taking into consideration
the facts and circumstances of the case, I am of the view that it is a fit case to
release the aforementioned vehicle.
5. Accordingly, the present petition is allowed and the impugned order dated
24/09/2025 passed by the Additional Special Judge (NDPS) Act, 1985 District
Mandsaur in MJCR No.759/2025 in connection with FIR No.235/2025 registered
at Police Station Pipliayamandia, District Mandsaur (M.P.) is hereby set aside. It is
directed that the vehicle of the petitioner i.e. Maruti Alto Car bearing Registration
No.MP-44-CA-5884 be released subject to the following conditions:-
1) The petitioner will furnish security of a sum of
Rs.5,00,000/- (Five Lacs) to the satisfaction of the
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3 CRR-4817-2025
trial Court.
2) The petitioner will also furnish an undertaking
before the trial Court that he will not change the
nature or colour of the vehicle nor he will transfer
or alienate it pending the trial.
3) The petitioner will furnish an undertaking that
he will produce the offending vehicle in question
as and when required during the trial.
4) The photographs of size 18"x12" of the vehicle
from all sides and also containing the Registration
Number, Engine Number and Chassis Number will
be taken at the expense of the petitioner in the
presence of the authorized person from the Court
and will be kept in the file of the case.
6. It is made clear that this order shall not come in the way of District
Magistrate/ Additional Collector, if any proceeding for confiscation is initiated in
accordance with law.
7. With the aforesaid, the revision petition stands disposed off.
Certified copy, as per rules.
(GAJENDRA SINGH)
JUDGE
ajit
