Madhya Pradesh High Court
Dharmendra Rajput vs The State Of Madhya Pradesh on 4 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:20576
1 MCRC-36049-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 4 th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 36049 of 2025
DHARMENDRA RAJPUT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Nitin Goyal - Advocate for the petitioner.
Mrs. Ankita Mathur - Public Prosecutor for respondent/State.
ORDER
The present petition under section 528 of BNSS has been filed for
quashing of the order dated 24.07.2025 passed by Special Judge, N.D.P.S.
Act in M.J.C.R./367/2025, whereby an application under Sections 497/503 of
BNSS filed by the petitioner for release of his vehicle bearing registration
No.MP32-ZA-0883 has been dismissed.
The facts in brief to decide this petition are that upon information received
from informant, concerning Police Station along with police force stopped a
motorcycle bearing registration No. MP32-ZA-0883 which was being driven
by accused Dharmendra Rajpoot and from the aforesaid bike, 1.200kg ganja
was seized. Thereafter, an FIR has been registered at crime no.190/2025
under Section 8/20 of N.D.P.S. Act at Police Station - Bhonti, District -
Shivpuri (M.P.). The petitioner, who is the owner of said motorcycle moved
an application under Sections 497/503 of BNSS for releasing of the above
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vehicle which was dismissed by the learned trial Court by impugned order.
Learned counsel for the petitioner while praying for interim custody of the
subject vehicle submits that the petitioner is the registered owner of the
vehicle in question and therefore, he is entitled for interim custody of the
vehicle. In this regard, counsel for the petitioner has relied upon the
judgment rendered in the case of Sunderbhai Ambalal Desai vs. State of
Gujarat, reported in (2002) 10 SCC 283, to contend that the Supreme court
has held that the vehicle should not be permitted to remain parked in the
police station as same shall gather rust and shall not remain useful. He has
also placed reliance on order passed by this Court in the case of Nirmal
Singh V/s. State of M.P. (CRR No.4669/2019 decided on 17.12.2019) in
which, in the similar facts and circumstances, this Court has directed to
release the vehicle on 'Supurdiginama'.
Per contra, learned Govt. Advocate opposes the revision and prays its
rejection.
U/s. 60 of the NDPS Act, the vehicle involved in the offence under the
NDPS Act is liable to be confiscated. U/s. 63, in the trial of offences under
this Act, whether the accused is convicted or acquitted or discharged, the
Court shall decide whether any article or thing seized under this Act is liable
to confiscation u/s. 60 or Section 61 or Section 62 of the Act. Therefore, the
proceedings of confiscation is liable to be initiated after conclusion of the
trial as per discretion of the Court. The applicant is a registered owner of the
vehicle as per the prosecution story, therefore, the said vehicle can be
released to him during pendency of the trial.
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It is also settled legal proposition of law that interim custody of the vehicle
cannot be denied on the ground that it is liable to be confiscated, in case the
offence is proved against the accused.
Keeping in mind the judgment of the Hon'ble Apex Court in the case of
Sunderbhai Ambalal Desai (supra) , there is no reason to deny interim
custody of the vehicle to the owner or person entitled to get possession of the
vehicle. If the vehicle is allowed to be kept in the police station for an
indefinite period, then value of the vehicle shall be diminished substantially
and it may not remain in usable condition. In the above circumstances, the
prayer of the petitioner deserves to be allowed.
Consequently, the present petition is allowed. The impugned order dated
24.07.2025 passed by learned trial court is set aside and motorcycle bearing
Registration No. MP32-ZA-0883 is ordered to be released on
'supurdaginama' in favour of the petitioner till completion of the trial on the
following conditions:-
(a) the petitioner shall furnish a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lacs only) with one solvent surety in the like amount to the
satisfaction of the trial court undertaking to produce the vehicle aforesaid in
the Court as and when required to do so.
(b) the petitioner shall get the vehicle aforesaid photographed showing the
registration number as well as the chassis number. Such photograph shall be
taken in the presence of the Investigating Officer, to be kept on the file of the
case.
(c) the petitioner shall undertake not to transfer the ownership of the
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vehicle aforesaid and not to lease it to anyone and not to make or allow any
changes in it to be made so as to make unidentifiable.
(e) the petitioner will not allow the vehicle aforesaid to be used for any
antisocial activities including for the purpose of carrying narcotics which
may constitute offence under the NDPS, Act.
(f) before releasing the vehicle the trial court shall verify the original
documents of the vehicle.
Certified copy as per Rules.
(RAJESH KUMAR GUPTA )
JUDGE
(LJ*)
