Uttarakhand High Court
(Under Section 482 Of Cr.P.C.) vs State Of Uttarakhand on 2 September, 2025
2025:UHC:7795
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Criminal Misc. Application No. 1694 of 2023
(Under Section 482 of Cr.P.C.)
Chandra Singh Sella .............Applicant
Versus
State of Uttarakhand ...........Respondent
Presence:
Mr. Prem Kaushal, learned counsels for the Applicant.
Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand.
Hon'ble Ashish Naithani, J (Oral)
By means of the present C-482 Application, the Applicant has put
to challenge the order dated 30.10.2021, passed by learned Special Judge
(NDPS Act), Udham Singh Nagar in Vehicle Release Application No. 273 of
2021 (FIR No.190 of 2021), "State vs. Vipul and Others" under Sections
8/20/60 of NDPS Act, at Police Station Kichha, District Udham Singh Nagar,
whereby, the vehicle release application of the Applicant for seeking
custody/possession of vehicle having Registration No.UK04 S 2114 has been
rejected by the learned Trial Court.
2. The facts of the case, as reflected in the FIR, are that on
12.06.2021, acting on information received from a mukhbir (informant), the
police party intercepted two cars. From one of the cars, two accused persons
were arrested, and 1.094 kg of charas was recovered from the trunk of the
Criminal Misc. Application No. 1694 of 2023, "Chandra Singh Sella vs. State of Uttarakhand" -
Ashish Naithani J.
2025:UHC:7795
said vehicle. Upon searching vehicle No. UK04 S 2114, contraband
substances under the NDPS Act, 1985 were found. Consequently, an offence
under Sections 8, 20, and 60 of the NDPS Act, 1985 was registered at Police
Station Kichha, District Udham Singh Nagar, against the present Applicant,
and the said vehicle was also seized. An application was filed by the owner of
the vehicle (the present Applicant) for its release, which was rejected by the
impugned order.
3. The application moved by the Applicant was contested by the
respondent - State saying that the vehicle was being used for transporting
contraband substance, and therefore the application for release of vehicle
deserves to be rejected.
4. The learned Trial Court rejected the said application saying that
there was no reason to release the vehicle in favour of the Applicant.
5. The Applicant made an undertaking that he would not transfer the
vehicle, and as and when the Court direct, the aforesaid vehicle shall be
produced before the Court. He requested vehicle to be released in his favour.
6. After hearing learned counsel for the parties and on perusal of the
records including police report regarding the said vehicle, grounds are
sufficient.
7. It is contended by learned counsel for the Applicant that the
vehicle has been lying unattended at the police station compound and the
same is exposed to sun and rain, thereby rendering it to natural wear and tear
and open to deterioration. There is no use of keeping vehicle there in police
station and the said vehicle be released in his favour in view of Sections 451
and 457 of the CrPC.
Criminal Misc. Application No. 1694 of 2023, "Chandra Singh Sella vs. State of Uttarakhand" -
Ashish Naithani J.
2025:UHC:7795
8. In support of his contention, he relied upon the judgment
rendered by the Hon'ble Apex Court in the case of Sunderbhai Ambalal
Desai Vs. State of Gujarat, reported in (2002) 10 SCC 283.
9. Relying upon the aforesaid case, learned counsel for the
Applicant submits that in view of Sections 451 CrPC and as the orders can be
passed for release of the property pending conclusion of the trial, if the
property is subject to speedy and natural degrade and if otherwise, it is
expedient, so to do, the release application should have been allowed. This
impugned order suffers from illegality and is liable to be quashed.
10. Per contra, learned State Counsel opposed the said Application,
contending that the vehicle was used for transporting contraband substances
and that a commercial quantity of charas was recovered; therefore, the
application for release of the vehicle is liable to be rejected. However, the
learned State Counsel admitted that the applicant is the registered owner of
the aforesaid vehicle.
11. I have gone through the judgment and order relied upon by
learned counsel for the Applicant rendered by the Hon'ble Apex Court along
with provisions of Sections 451 of the CrPC.
12. In the case of Sunderbhai Ambalal Desi (supra), the Hon'ble
Apex Court has held as under:-
"In our view, whatever be the situation, it is of no use to keep
such seized vehicle at the police station for a long period. It is for
the Magistrate to pass appropriate orders immediately by making
appropriate bond and guarantee as well as security for returning
of the said vehicle, if required at any point of time. This can be
done pending hearing of the application for returning of such
vehicles."
Criminal Misc. Application No. 1694 of 2023, "Chandra Singh Sella vs. State of Uttarakhand" -
Ashish Naithani J.
2025:UHC:7795
13. The issue of release of vehicle involved in transportation of
NDPS substance also cropped up before the Hon'ble Apex Court quite
recently in Criminal Appeal No.87 of 2025, Bishwajit Dey Vs. State of
Assam decided on 07.01.2025, in which case the Hon'ble Apex Court has
gone into the provisions of Section 60 of NDPS Act in great detail with the
help of various case laws and came to this conclusion that in the absence of
any specific power under the NDPS Act and in view of Section 51 of NDPS
Act, the Court can invoke general power under Sections 451 and 452 for
release, pending decision in the criminal case; the trial court has discretion to
release the vehicle in the interim. However this power would have to be
exercised, in accordance with law, in the facts and circumstances of each
case.
14. For ready reference, paragraph nos.22 and 23 of Bishwajit Dey
(supra) are quoted hereinbelow:-
"22. This Court is further of the opinion that there is no specific
bar/restriction under the provisions of the NDPS Act for return of
any seized vehicle used for transporting narcotic drug or
psychotropic substance in the interim pending disposal of the
criminal case.
23. In the absence of any specific bar under the NDPS Act and in
view of Section 51 of NDPS Act, the Court can invoke the
general power under Sections 451 and 457 of the Cr.P.C. for
return of the seized vehicle pending final decision of the criminal
case. Consequently, the trial Court has the discretion to release
the vehicle in the interim. However, this power would have to be
exercised in accordance with law in the facts and circumstances
of each case."
15. The Hon'ble Apex Court has allowed the appeal with a direction
to the trial court to release the vehicle in-question in the interim supurdagi.
Criminal Misc. Application No. 1694 of 2023, "Chandra Singh Sella vs. State of Uttarakhand" -
Ashish Naithani J.
2025:UHC:7795
16. Thus the impugned judgment and order dated 30.10.2021, passed
by learned Special Judge (NDPS Act), Udham Singh Nagar in Vehicle
Release Application No. 273 of 2021 (FIR No.190 of 2021), "State vs. Vipul
and Others" under Sections 8/20/60 of NDPS Act, at Police Station Kichha,
District Udham Singh Nagar cannot sustain and deserves to be set aside, and,
is accordingly set aside.
17. Thus the C-482 application is allowed. The vehicle in-question is
directed to be released in favour of the Applicant after executing personal
bond of Rs.1,00,000/- and one local sureties, each of the like amount, to the
satisfaction of the court concerned along with an undertaking that ownership
of the vehicle would not be altered, in any condition, whatsoever, and he shall
produce the vehicle either before the court concerned or before such other
Authority as the Court may direct.
(Ashish Naithani J.)
Dated:02.09.2025
SB/
SHIKSHA Digitally signed by SHIKSHA BINJOLA
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UTTARAKHAND,
2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf63
BINJOLA
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serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F
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Date: 2025.09.02 16:17:46 +05'30'
Criminal Misc. Application No. 1694 of 2023, "Chandra Singh Sella vs. State of Uttarakhand" -
Ashish Naithani J.
