1 / 5 2025:CGHC:5238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3267 of 2024 1 - Bhagwan Das Sahu S/o Vishvnath Prasad Sahu Aged About 47 Years R/o Pandri Police Station Wadrufnagar, District- Balrampur-Ramanujganj, Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Basantpur, District- Balrampur-Ramanujganj, Chhattisgarh. ... Respondent For Applicant : Ms. K. Radhika, Advocate appears on behalf of Mr. Bhupendra Singh, Advocate For State : Ms. Vaishali Mahilong, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 29/01/2025 1. This petition is filed by petitioner under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 challenging the order dated 18/09/2024 passed by learned First Additional Session Judge, Ramanujganj, District Balrampur-Ramanujganj (C.G) in Criminal Revision No.27/2024 affirming the order dated 25/06/2024 passed by the Chief Judicial Magistrate Balrampur Place Ramanujganj, District Balrampur- Ramanujganj in Criminal Case No.304/2024 rejecting the application of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.01.30 16:31:17 +0530 2 / 5 petitioner for giving the Vehicle/Car bearing Registration No. UP-64-BT- 3738 on supurdnama. 2. The brief facts of this case are that the police of police station Basantpur has seized the Vehicle/Car bearing Registration No. UP-64-BT-3738 related to the crime no. 22/2024 and criminal case no. 304/2024 {State of C.G. versus Ramjaan and another} in the offence under section 34(2) of C.G. Excise Act. The vehicle in question belongs to the applicant. The applicant has filed application for supurnaama of the vehicle in question under section 451 Cr.P.C. before the Learned Chief Judicial Magistrate, Ramanujganj, District Ramanujganj C.G. and while said application was pending before the learned CJM court, the vehicle in question was subjected to the Rajsaat and the learned court has summoned for memorandum of the vehicle in question from Collector Balrampur, District - Balrampur-Ramanujganj C.G. Thereafter, the application was not decided and neither the collector was submitting the memorandum of Rajsaat of vehicle in question, being aggrieved by the action of the Collector Balrampur, the applicant filed revision before the Learned 1st ASJ Ramanujganj, District Balrampur-Ramanujganj on 31.07.2024. and the learned 1st ASJ Ramanujganj dismissed the revision and directed the learned CJM Ramanujganj court to decide the application of the applicant expeditiously. 3. Learned counsel for the petitioner submits that the Court below has committed an error by rejecting the application of applicant seeking the vehicle in question on supurdnama as he is the registered owner of 3 / 5 vehicle. With the passage of time, condition of the vehicle would deteriorate and no useful purpose would be served by keeping the vehicle in police custody. Hence, he prayed that said vehicle be handed over to the petitioner on Supurdnama on the terms and conditions as may be deemed fit by this Court. In support of his contention, he places reliance upon the decision of hon’ble Supreme Court in case of Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in (2002) 10 SCC 283 and judgment/order dated 10.03.2021 passed by this Court in CRA No.234/2021 (Narayan Sahu vs State of Chhattisgarh). 4. On the other hand, learned counsel for the State would support the impugned orders. 5. Heard learned counsel for the parties, perused the record with utmost circumspection as also gone through the judgment/order referred as above. 6. The Supreme Court in case of Sunderbhai Ambalal Desai (supra), has laid down the guiding principles for releasing the vehicle seized by the police. Relevant para reads as under:- “7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely: 1. Owner of the article would not suffer because of its remaining unused or by its misappropriation; 2. court or the police would not be required to keep the article in safe custody; 3. if proper panchnama before handing over possession of the article is prepare, that can 4 / 5 be used in evidence instead of its production before the court during the trial. If necessary, evidence could also be recorded describing the nature of property in detail; 4. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. 17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police station for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.” 7. Similar stand has also been taken by the Supreme Court in case of Multani Hanifbhai Kalubhai Vs. State of Gujarat & Another, reported in 2013 (3) SCC 240, wherein the Supreme Court has expressed that it is not advisable to keep the seized vehicle in the Police Station in open condition which is prone to natural decay on account of weather conditions for a long period. 8. Considering facts of the case, submissions made by counsel for the parties, the fact that the applicant is the registered owner of the vehicle in question, further considering the law laid down by Hon’ble Supreme Court in the above referred decisions, this Court is of the opinion that no useful purpose would be served to keep the seized vehicle in the police custody and it would be appropriate to release the seized vehicle i.e. Vehicle/Car bearing Registration No. UP-64-BT-3738 on Supurdnama in favour of the petitioner. 5 / 5 9. Accordingly, present petition is allowed. Impugned order dated 18/09/2024 passed by the Revisional Court is hereby set aside. The seized vehicle is directed to be released on Supurdnama in favour of the applicant on the following conditions:- (i) Before release of the vehicle, the documents pertaining to ownership of the said vehicle be verified and proper Panchnama of the vehicle be made. (ii) Photographs of the vehicle should be taken and bond should also be produced that the vehicle would be produced as and when required. (iii) Proper security i.e. personal bond of Rs.15,00,000/- (Fifteen Lakhs) and equivalent surety be obtained before release of vehicle. SD/- (Arvind Kumar Verma) JUDGE ashu