2025:UHC:7744 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 759 of 2025 01 September, 2025 Sapna --Petitioner Versus State of Uttarakhand --Respondent ---------------------------------------------------------------------- Presence:- Mr. Vikas Singh Yadav, Advocate for the Petitioner. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. B. C. Joshi, learned A.G.A. and Mr. Vikash Uniyal, learned Brief Holder for the State. ---------------------------------------------------------------------- Hon'ble Ashish Naithani, J. The present writ petition under Article 226 of the Constitution of India is filed by the petitioner for quashing the impugned order dated 11.03.2025 passed by learned In-charge Special Judge (NDPS Act)/1st Additional Sessions Judge, Nainital in Vehicle Release Application No.16 of 2025, titled as “Sapna vs. State” and further to direct the learned In-charge Special Judge (NDPS Act)/1st Additional Sessions Judge, Nainital to forthwith release the vehicle being Registration No. U.K. 06-B.G. 9617 in favour of the petitioner. 1 Writ Petition (Criminal) No. 759 of 2025 - Sapna v. State of Uttarakhand Ashish Naithani J. 2025:UHC:7744 2. The brief facts of the case are that the Sub Inspector namely Sunil Dhanik got lodged an F.I.R on 23.12.2024 against Nempal Yadav and Digvijay Singh, being F.I.R No.383 of 2024 for the offence punishable under Section 8/20/60 of NDPS Act, P.S. Ramnagar, District Nainital alleging therein that on 23.12.2024, the informant alongwith other police personnel was on routine duty for maintaining law and order when they checking the vehicle at Thari Gaon Halduwa then after some time a four wheeler vehicle Tata Tiago bearing No. U.K. 06-B.G. 9617, in which two persons were boarded and the police team indicated the persons to stop the vehicle and also told for searching of vehicle and in the tank of vehicle two plastic bags were found and then the police team interrogated the persons, who disclosed their name and told that they have carrying illegal contraband i.e. Ganja and at Pirumadara for the purpose of selling the same they cam over and thereafter with the help of electronic weighing machine the said contraband was found 17.14 kg (i.e. 10.05 kg from the possession of the present petitioner and 7.09 kg from the possession of the co-accused) and thereafter, accordingly, the petitioner and co-accused persons were arrested at about 04:05 2 Writ Petition (Criminal) No. 759 of 2025 - Sapna v. State of Uttarakhand Ashish Naithani J. 2025:UHC:7744 hours and recovery memo was prepared at the spot and police has also seized the vehicle under Section 60 of NDPS Act. 3. The petitioner is the owner of the said vehicle Tata Tiago having registration no. U.K. 06-B.G. 9617 and said vehicle was duly registered in the name of the petitioner and accused person Digvijay who is the driver of the aforesaid vehicle for some work. 4. The falsity of the instant FIR is prove from the fact that the petitioner and co-accused were arrested by the police at about 04:05 hours, whereas the FIR in question has been lodged about 06:10 hours, this vital delay of about 2:05 hours in lodging of the FIR has not satisfactorily been explained by the prosecution, whereas the distance of police station from the place of incident is hardly 6 km, this clearly shows that the police has falsely implicated the present petitioner and co-accused in the instant case crime. 5. The bare reading of the FIR cum recovery memo also clearly reveals that the alleged contraband of Ganja is shown to be recovered from the possession of the petitioner is 10.05 kg, which is below the commercial 3 Writ Petition (Criminal) No. 759 of 2025 - Sapna v. State of Uttarakhand Ashish Naithani J. 2025:UHC:7744 quantity. The petitioner is the registered owner of the vehicle, which was intercepted and seized in connection with the aforesaid crime registered against the petitioner under NDPS Act and is now in custody of police. 6. The accused in the aforesaid FIR, therefore, moved an application seeking his release on bail before the Hon’ble High Court of Uttarakhand at Nainital, which was granted, thereafter, the petitioner filed an application for release of the said vehicle, but learned court below vide order dated 11.03.2024 dismissed the said application of the petitioner on the ground that the petitioner is the sister of named accused person Digvijay Singh and it might have been possibility that Digvijay Singh has used the vehicle in commission of crime after taking consent from the petitioner, the vehicle ought to have been released in custody of its registered owner, therefore, the order dated 11.03.2025 deserves and is liable to be set-aside. 7. Heard learned counsel for the parties. 8. It is contended by learned counsel for the Applicant that the vehicle has been lying unattended at the police station compound and the same is exposed to 4 Writ Petition (Criminal) No. 759 of 2025 - Sapna v. State of Uttarakhand Ashish Naithani J. 2025:UHC:7744 the vagaries of the weather and miscreants, till the conclusion of trial, it will result into vehicle get damaged and reduce its value substantially which will not benefit the state or the owner. There is no use of keeping vehicle there in police station and the said vehicle be released in her favour. 9. In support of his contention, the learned counsel for the petitioner relied upon the judgment rendered by the Hon’ble Apex Court in the case of “Bishwajit Dey vs. The State of Assam” (Criminal Appeal No.87 of 2025) delivered on 07.01.2025. 10. Per contra, learned State counsel poses his formal objection in this regard. 11. I have gone through the judgment and order relied upon by learned counsel for the Applicant rendered by the Hon’ble Apex Court along with provisions of Sections 451 and 457 of CrPC. 12. For ready reference, para nos.22 and 23 of ‘Bishwajit Dey’ (supra) are quoted hereinbelow:- “22. This Court is further of the opinion that there is no specific bar/restriction under the provisions of the NDPS Act for return of any seized vehicle used for 5 Writ Petition (Criminal) No. 759 of 2025 - Sapna v. State of Uttarakhand Ashish Naithani J. 2025:UHC:7744 transporting narcotic drug or psychotropic substance in the interim pending disposal of the criminal case. 23. In the absence of any specific bar under the NDPS Act and in view of Section 51 of NDPS Act, the Court can invoke the general power under Sections 451 and 457 of the Cr.P.C. for return of the seized vehicle pending final decision of the criminal case. Consequently, the trial Court has the discretion to release the vehicle in the interim. However, this power would have to be exercised in accordance with law in the facts and circumstances of each case.” The Hon’ble Apex Court has allowed the appeal with a direction to the trial court to release the vehicle in question in the interim supurdagi. 13. Thus, the impugned order dated 11.03.2025 passed by learned In-charge Special Judge (NDPS Act)/1st Additional Sessions Judge, Nainital cannot sustain and deserves to be quashed and is accordingly quashed. 14. Thus the writ petition is allowed. The vehicle in-question is directed to be released in favour of the petitioner after executing personal bond of `1,00,000/- and one local sureties, each of the like amount, to the satisfaction of the court concerned along with an undertaking that ownership of the vehicle would not be altered, sold or transfer, in any manner, whatsoever, without the permission of the court and she shall 6 Writ Petition (Criminal) No. 759 of 2025 - Sapna v. State of Uttarakhand Ashish Naithani J. 2025:UHC:7744 produce the vehicle either before the court concerned or before such other Authority as the Court may direct. (Ashish Naithani, J.) 01.09.2025 Akash 7 Writ Petition (Criminal) No. 759 of 2025 - Sapna v. State of Uttarakhand Ashish Naithani J. AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c148d14 0566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823fc6a0 334628b21e516047ed4f22f7, cn=AKASH Date: 2025.09.01 17:52:06 +05'30'