1 / 5 2025:CGHC:53932 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1248 of 2025 Chandrika Dhruw S/o Bharat Singh Aged About 45 Years R/o Firangipara Kota, P.S. Kota, District Bilaspur C.G. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Kota, District Bilaspur C.G. ... Respondent For Applicant : Mr. Ravipal Maheshwari, Advocate For State /Respondent : Mr. Karan Bahrani, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/11/2025 1. The instant revision has been filed under Section 438/442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 by the applicant assailing the order dated 21/08/2025 passed by the Special Judge, Mines and Minerals (Development and Regulation) Act, 1957 Bilaspur, District Bilapur (C.G.) in MJC Criminal Case No.53/2025, whereby the learned Special ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.11.07 17:46:49 +0530 2 / 5 Judge has rejected the application under Section 503 of B.N.S.S. for releasing the vehicle on supurdnama. 2. Brief facts of the case are that on 17.06.2025 in the morning the Naib Tahsildar Belgahan and their team inspected near the Arpa River at village Barbhatha Chatapara then the said vehicle tractor bearing registration no. C.G. 10-AX-3775 and trolley C.G. 10-AY-3612 was transporting sand and the applicant could not present the requisite documents in subject of transporting sand due to this, FIR No. 620/2025 registered against the applicant at police chowki Belgahan, P.S. Kota, for the offence punishable under section 303 (2) of B.N.S. and section 4 (1), 4 (1)A, 21 of Mines and Minerals (Development and Regulation) Act 1957 and the said Tractor & Trolley were seized by the police authority. The applicant is registered owner of said vehicle, and he have respective documents R.C. Book insurance etc. therefore he has filed an application for taking supurdnama of the said vehicle, which was rejected by the learned trial Court. Hence this Criminal Revision. 3. Learned counsel for the applicant would submit that the seized vehicle is a tractor trolley which is used for the cultivation (agriculture), if not released, then the applicant will not be able to carryout cultivation work and will be face financial crisis. He would next contend that the said vehicle is a machinery and is standing in the open area therefore the offending vehicle would be rubbished due to long spent of time, the said vehicle would get damaged which is loss to the applicant. He would next contend that the applicant was not transporting illegal sand in his vehicle and with due permission the sand was being carried for the using 3 / 5 himself. He would next contend that this Court has passed order in similar cases i.e. criminal revision no. 958/2025, 1086/2025 and 961/2025 vide its order dated 18.09.2025. He would lastly contend that the aforesaid seized vehicle is kept in the police station, Kota in open place and due to non function of the said vehicle the same would get damage and the trial is likely to take some more time, therefore, the vehicle Tractor bearing Registration No.C.G. 10-AX-3775 and Trolley bearing Registration No.C.G. 10-AY-3612 may kindly be released on supurdnama. 4. On the other hand, learned State Counsel would oppose the prayer made by the counsel for the applicant. 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. The Supreme Court in the case of Sunderbhai Ambalal Desai Vs.State of Gujarat, reported in (2002) 10 SCC 283, in para 7 and 17 has laid down guiding principles for releasing the vehicle seized by police. For ready reference, the relevant portion is reproduced below:- “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 4 / 5 possession of the article is prepare, that can 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 the 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. In the instant case, it is submitted by learned counsel for the applicant that no useful purpose would be served if the vehicle is allowed to get exposed in the extreme weather conditions in the Police Station, rather the vehicles can be released to the applicant, who is claiming himself to 5 / 5 be the owner of the vehicle. It is also pertinent to mention here that in this case it is found that the vehicle is left for natural decay for a long period of time and no substantive action has been taken and the vehicle is still left for irreparable damages. 9. Therefore, considering the facts and circumstances of the case in light of the decisions rendered by the Hon’ble Supreme Court in the matters of Sunderbhai Ambalal Desai (supra) and Multani Hanifbhai Kalubhai (supra), the instant petition is allowed and the order dated 21/08/2025 passed by the Court below is hereby set-aside. It is directed that the Vehicle i.e. tractor bearing registration no. C.G. 10-AX-3775 and trolley C.G. 10-AY-3612, be released in favour of the applicant, as interim custody on the following conditions:- (i) Before release of the vehicle, the documents pertaining to ownership of the said vehicles be verified and proper Panchnama of the vehicles be made. (ii) Photographs of the vehicles should be taken and bond should also be produced that the vehicles would be produced as and when required. (iii) Proper security i.e. personal bond of Rs.10,00,000/- (Ten Lakhs) and equivalent surety be obtained before release of vehicle. (iv) He shall file an affidavit giving undertaking that he shall not use aforesaid vehicles for illegal transportation of sand. 10. With the aforesaid observations/directions, the petitioner is allowed. SD/- (Arvind Kumar Verma) JUDGE ashu