1 / 5 2025:CGHC:53933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3142 of 2025 Virendra Dhritlahre S/o Ram Dhritlahre Aged About 39 Years R/o Ward No. 8 Village Dhuma District - Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Kota, District- Bilaspur (C.G.) ... Respondent For Applicant : Ms. Raveena Soni, Advocate For State /Respondent : Ms. Pragya Shrivastava, Dy. GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 04/11/2025 1. The instant petition has been filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 by the petitioner assailing the order dated 23/08/2025 passed by the Special Judge, Mines and Minerals (Development and Regulation) Act, 1957/Session Judge, Dist- Bilaspur (C.G.) in MJC Cri No.49/2025, whereby the application of the applicant filed under Section 503 of B.N.S.S. for delivery of Tractor and Trolley seized for the commission of offence punishable under Sections 303(2), ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.11.06 16:58:22 +0530 2 / 5 3 (5) of B.N.S. and under Section 4 (1), 4 (1A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 has been rejected. 2. Brief facts of the case are that, the complainant lodged a written complaint before the police station Kota, that, on 16.06.2025, in the morning the complainant and Sub Divisional Officer (R), Kota Division, and Naib Tahsildar, Kota, and Sub Divisional Officer Police), Kota Division, and Station House Officer, Police station-Kota, went to podi bank of Arpa River for sudden inspection and they found that one Eicher Tractor, bearing registration number CG-10-AD-0175 with engine no. E22915, chasis no. 924114165447 with Trolly bearing registration no. CG-10-DA-2481, was transporting sand from river. The driver of the tractor ran away leaving the tractor on the spot. No document recovered with regard to mining permission. The tractor and trolley was seized under section 106 of B.N.S.S. Istgasa was prepared by the mining officer and crime no.609/2025, was registered offences punishable under section 303(2), 3(5) of B.N.S. and under section 4(1), 4(1A), 21 of Mines and Minerals (Development and Regulation) Act 1957. The police completed investigation and filed charge-sheet before the competent court. The applicant filed application under section 503 of B.N.S.S. for delivery of vehicle Eicher Tractor, bearing registration number CG-10- AD-0175 with Trolley bearing registration no. CG-10-DA-2481. On 23.08.2025, the Learned Special Judge, Mines and Minerals (Development and Regulation) Act 1957/Session Judge, Dist- Bilaspur (C.G), dismissed the application. Hence this Criminal Miscellaneous Petition. 3 / 5 3. Learned counsel for the applicant would submit that the applicant is the real owner of the vehicle and had submitted documents claiming his ownership in the seized vehicle. She would next contend that there is no use in keeping the vehicle for a long time in police stations. She would lastly contended that the seized vehicle may be released to its real owner by taking necessary bonds, securities, guarantees in order to ensure the return of the seized vehicle. 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 4 / 5 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 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 5 / 5 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 23/08/2025 passed by the Court below is hereby set-aside. It is directed that the Vehicle i.e. Eicher Tractor bearing registration No. CG-10-AD-0175 with engine No.E22915, Chasis No.924114165447 and Trolley bearing Registration No.CG-10-DA-2481, therefore, the aforesaid vehicles 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