Patna High Court
Lalan Mehat @ Lalan Kumar Mehta vs The State Of Bihar on 11 July, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28597 of 2025
Arising Out of PS. Case No.-73 Year-2023 Thana- BIRPUR District- Supaul
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Lalan Mehat @ Lalan Kumar Mehta S/o Ramsagar Mehta R/o vill - Bela,
ward no. 4, P.S.- Narpatganj, Distt - Araria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam,APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 11-07-2025
Heard learned counsel appearing for the petitioner and
learned A.P.P. for the State.
2. The present application has been preferred under
section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023
(in short the, 'B.N.S.S.') for quashing the order dated
31.01.2025
passed by learned Additional Sessions Judge-II,
Supaul, in NDPS Case No. 17/2023, arising out of Birpur P.S.
Case No. 73/2023 registered for the offence punishable
under Section 8/20(b)(ii), 8/21(b) of the Narcotic Drugs and
Psychotropic Substances Act (hereinafter referred to as the
'N.D.P.S. Act') and Section 25(1-b)a/26 of the Arms Act,
whereby and whereunder learned court below has rejected the
petition filed by the petitioner for release of the vehicle
Patna High Court CR. MISC. No.28597 of 2025 dt.11-07-2025
(Hundai i10 Car) bearing Registration No. AR02B-6309
which was seized by the police.
3. The case of the prosecution in brief is that the
informant, who was the Inspector-cum-SHO, Birpur P.S.,
alleged that on 01.03.2023, he was informed by O.P.
Incharge, Bhimnagar, that the accused namely, Joganand
Mandal of Birpur P.S. Case No. 72/2023 was engaged in
taking Brown Sugar from the petitioner, who has supplied him
through his Hundai i10 car. The informant alleged that on
such information, he along with raiding team reached at the
place of occurrence, where he saw one car bearing Reg. No.
AR02B-6309, which was standing before the garage of one
Sanjay Mehta. He further alleged that one person, who was
trying to flee, was apprehended, and disclosed his name as
Lalan Mehta (the petitioner). On search of the aforesaid
vehicle, 8 Kg. of ganja kept in plastic sack, and other narcotic
like substances were recovered from the dicky of the vehicle.
On further search of the body of the apprehended person, one
loaded country made pistol was recovered. Hence, the present
F.I.R. has been lodged.
Patna High Court CR. MISC. No.28597 of 2025 dt.11-07-2025
5. The vehicle in issue, as aforesaid, was claimed by
petitioner being rightful owner.
6. Learned counsel appearing for the petitioner
submitted that petitioner is named in the present F.I.R. and
he is the registered owner of the aforesaid vehicle in question.
Learned counsel submitted that petitioner has no concern with
the recovered contraband articles.
7. Learned counsel further submitted that petitioner
undertakes that as and when the learned trial court/concerned
court would direct to produce the vehicle in question, the
same shall be produced before the concerned court.
8. While concluding the argument, learned counsel
relied upon the legal report of Hon'ble Supreme Court as
available through Sunderbhai Ambalal Desai vs. State of
Gujarat as reported in (2002)10 SCC 283 and prayed to
release the aforesaid vehicle.
9. Learned A.P.P. for the State, while opposing the
quashing petition, submitted that 8 Kg. ganja along with other
contraband articles have been recovered from the vehicle in
question.
Patna High Court CR. MISC. No.28597 of 2025 dt.11-07-2025
10. Having heard learned counsel for the parties and
after perusal of the records, it appears prima facie that
petitioner is the registered owner of the vehicle in question,
where confiscation proceeding qua vehicle is yet to be
initiated.
11. It would be apposite to reproduce para 21 of the
legal report of Hon'ble Apex Court in the case of Sunderbhai
Ambalal Desai (supra), which reads as under:
"21. However, these powers are to be exercised by the
Magistrate concerned. We hope and trust that the Magistrate
concerned would take immediate action for seeing that powers
under Section 451 CrPC are properly and promptly exercised
and articles are not kept for a long time at the police station,
in any case, for not more than fifteen days to one month. This
object can also be achieved if there is proper supervision by
the Registry of the High Court concerned in seeing that the
rules framed by the High Court with regard to such articles are
implemented properly."
12. Accordingly, the impugned order dated
31.01.2025 passed by learned Additional Sessions Judge-II,
Supaul, in NDPS Case No. 17/2023, arising out of Birpur P.S.
Case No. 73/2023 qua petitioner is hereby quashed/aside.
13. The present application stands allowed with
directions to the learned trial court to release the Vehicle
Patna High Court CR. MISC. No.28597 of 2025 dt.11-07-2025
(Hundai i10 Car bearing Reg. No. AR02B-6309) in
question against such sureties and conditions, satisfying the
learned trial court/court concerned to petitioner/rightful
owner. Further, the petitioner shall not sell or part with the
ownership of the Vehicle till conclusion of the trial and shall
furnish an undertaking to the trial court that he shall
surrender the Vehicle within one week, of being so directed
and/or pay the value of the Vehicle (determined according to
Income Tax law on the date of its release), if so ultimately
directed by the Court.
14. Let a copy of this order be sent to learned trial
court/concerned court forthwith.
(Chandra Shekhar Jha, J.)
Rajeev/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.07.2025
Transmission Date 11.07.2025
