1 2025:CGHC:54831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3389 of 2025 1 - Sanjay Verma S/o Late Anjori Verma Aged About 56 Years R/o Village- Kachhar, Police Station- Koni, District- Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Koni, District- Bilaspur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Dharmesh Shrivastava, Advocate For Respondent(s) : Mr. Pragya Shrivastava, Dy. G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 11/11/2025 1. By way of instant petition, the petitioner has challenged the order dated 02.09.2025 passed in Special Case (Mines and Minerals) No. 01/2025 by Special Judge, Mines and Mineral (Development and Regulation) Act, 1957, Bilaspur whereby the learned trial Court rejected the application filed by the applicant (owner of the vehicle) for releasing of the vehicle Tractor bearing Registration No. CG-10- 2 BN-4301 and Trolley bearing Registration No. CG-10-BQ-1501 on Supurdnama. 2. Brief facts of the case are that, FIR was lodged in Police Station- Koni on 19.06.2025 on the basis of Istgasa No. 15/2025, 16/2025, 17/2025, 18/2025, 19/2025 and 20/2025 alleging inter-alia that during patrolling by Police Station- Koni, some tractors were found abandoned and unclaimed condition which were seized in commission of illegal sand mining. It is further alleged that the drivers of the vehicle escaped from there and on the enquiry it was found that all the tractors were engaged in illegal sand mining and transporting of the same, due to which the State Government was caused loss of revenue. On the basis of aforesaid report lodged by Constable Yogesh Kumar Vasnik, the FIR was registered against unknown drivers and owners of the tractor trolley bearing Crime No. 282/2025 for the offence punishable under Section 303(2), 3(5) of BNS, 2023 and Section 4(1)(a) and 21 of Mine and Minerals (Development and Regulation) Act and investigation was initiated. 3. Learned Counsel for the applicant contended that trial Court has committed an error by rejecting the application of applicant seeking the vehicle in question on supurdnama as he is the registered owner of vehicle. He further submits that the seized tractor and trolley is lying idle at Police Station since 04.07.2025 and if the same is not allowed to be used for a longer time, it is likely to rot or rust and no useful purpose is going to be served in keeping the vehicle idle with the police; rather if the applicant is permitted to use the seized vehicle it would be in running condition. Therefore, he prays for the 3 release of the said seized tractor on Supurdnama in favour of the applicant. In support of his contention, learned counsel for the applicant relied upon a decision of the Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs State of Gujarat reported in (2002) 10 SCC 283. 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 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. 4 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 the 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 vehicle can be released to the applicant, who is claiming himself to be the owner of the vehicle. On perusal of the records it transpires that the applicant has filed a copy of vehicle registration certificate. There is no other compelling reason warranting rejection of application for release of the seized vehicle under interim custody of the applicant. It is also pertinent to mention here that in many cases, it is found that vehicles are standing for long period even after confiscation order has been passed and no substantive action has been taken and the vehicle is still standing in stationed condition. 9. 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) and also considering the facts of the case, submissions made by counsel for parties, the fact that the applicant is the registered owner of the vehicle in question, this Court is of the 5 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 Tractor bearing Registration No. CG-10-BN-4301 and Trolley bearing Registration No. CG-10-BQ-1501 on Supurdnama in favour of the applicant. 10. Accordingly, the present petition is allowed. Impugned order dated 02.09.2025 passed by the Special Judge Mines and Mineral (Development and Regulation) Act, 1957 Bilaspur C.G., 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. 6,00,000/- (six lakhs) and equivalent surety be obtained before release of vehicle. (iv) He shall file an affidavit giving undertaking that he shall not use aforesaid vehicle for illegal transportation of sand. Sd/- (Arvind Kumar Verma) JUDGE Madhurima