- 1 - NC: 2025:KHC:18349 WP No. 8192 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH WRIT PETITION NO. 8192 OF 2025 (GM-RES) BETWEEN: SHAFIC UR REHAMAN AGED ABOUT 44 YEARS S/O NOOR MOHAMMED R/AT NOOR MANZIL, MOODUBETTU KODAVOOR POST, TENKANIDYOOR UDUPI DISTRICT-576 106. …PETITIONER (BY SRI. HALEEMA AMEEN., ADV.) AND: THE STATE BY SHO, CEN CRIME POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001 …RESPONDENT (BY SMT. WAHEEDA M.M., HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. (SECTION 528 OF BNSS) PRAYING TO QUASH THE ORDER DATED 10.02.2025, PRODUCED AT ANNEXURE-A, PASSED AGAINST THE APPLICATION OF THE PETITIONER, BY THE PRINCIPAL DISTRICT AND SESSIONS COURT, PENDING IN CRIME NO.03/2025 OF CEN POLICE STATION UDUPI, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 22(b) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18349 WP No. 8192 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER 1. Heard learned counsel for the petitioner and the learned High Court Government Pleader for respondent – State. 2. Perused the order of the Trial Court dated 10.02.2025 in respect of release of vehicle. The findings given by the Trial Court in paragraph No.8 and 9 are not appropriate for the reason that, once the applicant has produced relevant documents relating to the vehicle of which the respondent police have seized, it is necessary to release the vehicle to the applicant, where there are no rival claimants on the said vehicle. 3. As the findings given by the Trial Court in the above mentioned paragraph of the impugned order are contrary to the principles laid down by the Hon'ble Supreme Court in the case of SUNDERBHAI AMBALAL DESAI AND OTHERS v. STATE OF GUJARAT1, it is appropriate to set aside the order of the Trial Court. 1 (2002) 10 SCC 283 - 3 - NC: 2025:KHC:18349 WP No. 8192 of 2025 4. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The order dated 10.02.2025 in Crime No.3/2025 of CEN Police Station, Udupi on the file of Principal District and Sessions Court, Udupi vide Annexure – A is set aside. iii) The respondent - police is directed to release the vehicle to the applicant on receiving the relevant documents relating to the vehicle seized on the following conditions: a) The applicant shall execute indemnity bond for a sum of Rs.5,00,000/- (Rupees Five lakhs only) with one surety for the likesum. b) The applicant shall not tamper the colour of the vehicle. c) The applicant shall not send the vehicle without prior permission of the Court. Sd/- (S RACHAIAH) JUDGE UN, List No.: 12 Sl No.: 1