Updesh Kumar vs State Of Punjab

CRR-2471-2025 (O&M) - 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
126-1
CRR-2471-2025 (O&M)
Decided on : 04.11.2026
Updesh Kumar . . . Petitioner(s)
Versus
State of Punjab . . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Abhinav Gupta, Advocate
for the petitioner(s).
Mr. Manjinder S. Bhullar, DAG, Punjab.

SANJAY VASHISTH , J. (Oral)
1. Petitioner – Updesh Kumar, has filed the instant Criminal
Revision Petition against the impugned order dated 17.09.2025, passed by
learned Special Judge, Ludhiana, in FIR No.11, dated 14.04.2025, registered
under Section 7 of the Prevention of Corruption Act, 1988, registered at
Police Station Vigilance Bureau, Ludhiana (Annexure P-1), vide which,
application filed by the petitioner for release of his vehicle, i.e., Mercedez
Benz C220D car bearing registration No. PB03-BC-0006, Engine
No.65492030430761, Chassis No.WDD2050146L049984, along with its
original Registration Certificate, on superdari in favour of petitioner, has
been dismissed.
2. At the outset, for reference, brief facts of the case, as noticed in
paragraph No.2 of impugned order dated 17.09.2025, are reproduced here-
under:-
“2- Stated briefly, the case of the applicant is that he is the
Owner of the said Car. The Car along with original Registration
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Certificate has been taken in possession by the police of Police Station
Vigilance Bureau, Ludhiana. The said vehicle is lying idle in the Police
Station and is no more required by the police for further investigation.
Final Report/Challan has already been presented.”
3. By relying upon judgments of this Court rendered in (i) Rajesh
Kumar v. State of Haryana , 2021(2) PLR 85 : Law Finder Doc Id
#1802898 , and (ii) Nafe Singh v. Devender Kumar , 2004(1) RCR (Crl.)
987 : Law Finder Doc ID #67395 , petitioner's counsel prays for release of
vehicle on superdari in his favour.
4. In response to revision petition, status report dated 28.01.2026,
by way of affidavit of DSP, Vigilance Bureau, Range 2, Ludhiana, has been
filed on behalf of respondent-State.
While opposing the petition, learned State counsel submits that
vehicle in question was taken into police possession, as it was recovered
from accused Sanjay Kanwar. It is further submitted that said vehicle was
purchased by accused Sanjay Kanwar in the name of present petitioner –
Updesh Kumar. Moreover, Vigilance Inquiry No.03/2025-Ludhiana, in
respect of said vehicle, is being conducted by Vigilance Bureau, Ludhiana.
Thus, according to respondent-State, vehicle is still required for
investigation on the suspicion that it is benami property of accused Sanjay
Kanwar. On these grounds, learned State counsel submits that instant
petition is devoid of merit and is liable to be dismissed.
5. I have heard learned counsel for the parties, perused impugned
order and record, and considered judgments cited at the Bar.
6. As per report received from concerned Registering Authority,
petitioner is recorded as registered owner of vehicle in question. However,
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respondent-State has opposed its release on the ground that same was
allegedly purchased by accused Sanjay Kanwar in petitioner's name and is
suspected to be his benami property. It is further the stand of respondent-
State that a separate Vigilance Inquiry No.03/2025-Ludhiana, in respect of
said vehicle, is being conducted by Vigilance Bureau, Ludhiana.
In this regard, it is necessary to distinguish between the
question of interim custody of vehicle and the question of its ultimate
ownership or liability to confiscation, if any. Release of a vehicle on
superdari does not, by itself, determine the rights of parties in respect of its
ownership, nor does it preclude the investigating agency or competent
authority from proceeding in accordance with law in respect of any
allegation concerning its actual ownership or source of funds.
7. It is required to be noticed that vehicle in question was
recovered from accused Sanjay Kanwar on 14.04.2025. As noticed in
impugned order, charge-sheet has also been submitted in the criminal case.
The applicant's case before learned Special Judge was that vehicle is not
case property and is no longer required by police for further investigation.
On the other hand, respondent-State has referred to pendency of a separate
vigilance inquiry concerning suspected benami ownership of vehicle.
Mere pendency of an inquiry, by itself, would not necessarily
justify keeping a valuable vehicle in police custody for an indefinite period.
The relevant consideration is whether physical retention of vehicle is
actually required for any specific investigative purpose or whether its
evidentiary and other requirements can adequately be safeguarded by
imposing appropriate conditions while releasing it on superdari . The
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investigating agency can preserve relevant evidence by taking photographs,
preparing a detailed inventory and carrying out any necessary inspection of
vehicle, in accordance with law. Its continued physical retention would
require justification with reference to a specific investigative or legal
necessity.
8. The principle governing interim custody of seized vehicles has
been considered by this Court in Rajesh Kumar's case (supra). In that case,
vehicle was allegedly being used in violation of provisions of Haryana
Gauvansh Sanrakshan and Gausamvardhan Act, 2015, and the request for its
release on superdari had been declined by the competent authority. While
considering the issue, this Court referred to judgment rendered by a Division
Bench of this Court in Gurbinder Singh @ Shinder v. State of Punjab ,
2016(4) RCR (Criminal) 492 , wherein it was observed that vehicles seized
in criminal cases can be released on interim custody, subject to applicable
statutory provisions, as no useful purpose is served by keeping them
unattended in police premises, where they may deteriorate.
The underlying principle emerging from aforesaid judgments is
that a seized vehicle should not ordinarily be allowed to remain unattended
in police custody when its continued physical retention is not necessary and
its production during proceedings can be secured through appropriate
safeguards. At the same time, such release is not automatic and has to be
considered in the light of facts of each case, including any statutory
restriction, proposed confiscation or specific requirement of investigation.
9. Adverting to facts of present case, petitioner is recorded as
registered owner of vehicle in question in the report of concerned
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Registering Authority. Vehicle was recovered from accused Sanjay Kanwar
on 14.04.2025 and, as noticed in impugned order, charge-sheet has been
submitted in the criminal case. Respondent-State has opposed release
primarily on the ground that vehicle is suspected to be benami property of
accused Sanjay Kanwar and a separate vigilance inquiry is pending in that
regard.
It is also relevant that vehicle is a valuable movable asset and its
prolonged retention in police premises may result in deterioration and loss of
value. Such a situation would serve no useful purpose if physical custody of
vehicle is not otherwise required. In the facts and circumstances noticed
above, interests of investigation can adequately be protected by directing
petitioner to furnish appropriate superdari bonds and comply with
conditions regarding preservation and production of vehicle.
10. In view of aforesaid discussion, and without expressing any
opinion on the allegation concerning benami ownership or on merits of the
pending vigilance inquiry, this Court is of the considered view that
continued retention of vehicle in police custody is not warranted, subject to
verification that no statutory restraint or specific investigative requirement
prevents its release. Petitioner, being registered owner, is accordingly held
entitled to interim custody of vehicle on superdari , subject to stringent
conditions.
11. Resultantly, instant petition is allowed . Impugned order dated
17.09.2025, passed by learned Special Judge, Ludhiana, is hereby set aside.
Vehicle in question, i.e., Mercedez Benz C220D car bearing
registration No. PB03-BC-0006, Engine No.65492030430761, Chassis
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No.WDD2050146L049984, is directed to be released on superdari in favour
of petitioner, subject to his furnishing superdari bonds to satisfaction of
learned trial Court/Duty Magistrate concerned, and further subject to
following conditions:-
(i) Petitioner shall not sell, transfer, alienate, mortgage or create
any third-party interest in vehicle during pendency of
proceedings, without prior permission of competent Court;
(ii) Petitioner shall maintain vehicle in its present condition and
shall not make any alteration in its identity, chassis number,
engine number or other identifying particulars;
(iii) Petitioner shall not part with possession of vehicle in a manner
which may frustrate its production before the Court or
investigating agency, as and when required in accordance with
law;
(iv) Petitioner shall produce vehicle before learned trial Court or
investigating agency, as and when directed in accordance with
law, and shall extend full cooperation in the pending
proceedings/inquiry;
(v) Before release, investigating agency shall be at liberty to take
photographs and videography of vehicle, record its identifying
particulars and carry out any inspection required for the
purposes of investigation, in accordance with law.
It is clarified that observations made herein are confined to
consideration of interim custody of vehicle on superdari and shall not be
construed as an expression of opinion on its actual beneficial ownership,
source of consideration, or its liability to confiscation or any other action
under applicable law. Respondent-State shall remain at liberty to proceed in
respect of said vehicle in accordance with law, and petitioner shall remain
bound by any order passed by a competent Court or authority having
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jurisdiction.
Present Criminal Revision Petition stands disposed of
accordingly .
Pending misc. application(s), if any, also stand(s) disposed of.
(SANJAY VASHISTH)
JUDGE
November 04, 2026
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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