Devikishan vs The State Of Madhya Pradesh Through Police Station Dharnawada

NEUTRAL CITATION NO. 2026:MPHC-GWL:33998
1 MCRC-53236-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
th
ON THE 4 OF NOVEMBER, 2026
MISC. CRIMINAL CASE No. 53236 of 2026
CNR No.: MPHC030301732026
DEVIKISHAN
Versus
THE STATE OF MADHYA PRADESH THROUGH POLICE STATION
DHARNAWADA
Appearance:
Shri Ashish Singh Jadoun - Advocate for the petitioner.
Shri Satendra Singh Sikarwar - PP for the respondent/State.
ORDER
This petition under Section 528 of BNSS has been filed by the
petitioner seeking the following reliefs:-
"It is, therefore, most humbly prayed that this Hon’ble Court
may graciously be pleased to allow the present petition preferred
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, and quash and set aside the impugned order dated
13.06.2026 passed by the learned Special Judge (NDPS Act),
Guna (M.P.), in Case No. MJCR/900/2026 (Devikishan vs. State
of M.P.), whereby the application filed by the petitioner for release
of the vehicle bearing Registration No. RJ-28- FS-7537 under
Section 457 of the Code of Criminal Procedure, 1973 (Section 503
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 11/6/2026
10:47:49 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33998
2 MCRC-53236-2026
of the Bharatiya Nagarik Suraksha Sanhita, 2023) has been

rejected, and further be pleased to direct the release of the
aforesaid vehicle in the interim custody of the petitioner upon
such terms and conditions as this Hon’ble Court may deem fit and
proper in the facts and circumstances of the case; and pass any
other order or direction which this Hon'ble Court may deem just
and proper in the interest of justice."
2. The grievance of the petitioner is that a case has been registered at
Crime No.61/2026 against the accused persons at Police Station
Dharnawada, District Guna for the offence under Sections 8 r/w Sections 15
and 29 of NDPS Act, wherein, the accused person was found to be carrying
Doda Chura. The Doda Chura was being transported in motorcycle bearing
registration No.RJ-28-FS-7537, which belongs to the present petitioner only.
Its registration certificate has also been placed on record.
3. Counsel for the petitioner has submitted that it is a settled position
of law that while a criminal case is pending, the confiscation order cannot be
passed by the District Magistrate. In support of his submissions, counsel has
also relied upon an order passed by this Court in W.P. No.12666 of 2023
(Aman Vs. The State of M.P. & Ors) dated 14.06.2023.
4. Counsel for the respondent/State, on the other hand, has opposed the
prayer, however, it is not denied that the criminal case is still pending against
the main accused persons.
5. In such circumstances, taking note of the order passed by the this
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 11/6/2026
10:47:49 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33998
3 MCRC-53236-2026
Court in W.P. No.12666 of 2023 dated 14.06.2023 , wherein it is held as

under:-
“Heard.
This petition has been filed under Article 226 of the Constitution
of India by the petitioner against the order dated 11.5.2023 passed
by the Collector, Division Barwani in Cri.Case No.47/other Misc/
A-94/2022 whereby the petitioner's vehicle bearing registration
No.M.P. 46 -C-2314 has been confiscated pursuant to the criminal
case registered against the petitioner at Crime No.212/2022 under
Section 34(2) of M.P. Excise Act.
Admittedly, the aforesaid criminal case is still pending whereas the
confiscation proceedings under Section 47(A) of the M.P. Excise
Act, 1915 have already been completed by the Excise authorities.
Learned counsel for the petitioner has relied upon the decision
rendered by this court in W.P.No.19528/2022 dated 11.5.2023
wherein this court has also relied upon another decision rendered
by this court in M.Cr.C.No.1296/2015 dated 13.7.2015; 2013(1)
MPJR SN 10 Premdas v/s. State of M.P. and W.P.No.1037/2016
order dated 13.5.2016 and it is held that the occasion to confiscate
the vehicle arise only after person is convicted in the offence and
only then it would be deemed that he has committed the offence
and since the case is pending before the trial court there was no
reason for the respondent to presume that the offence has been
committed. On such grounds, a prayer has been made to allow the
petition.
Learned Government Advocate for the State has opposed the
prayer.
I have heard the learned counsel for the parties and perused the
record.
In view of the above, this court is inclined to quash the impugned
order dated 11.5.2023 passed by the Collector, Barwani and is
hereby quashed and it is directed that the vehicle in question be
also released and handed over to the petitioner subject to
petitioner's furnishing an adequate surety to the satisfaction of the
trial court with an undertaking that till the final disposal of the
criminal case he shall not alienate the aforesaid vehicle in any
manner.
Accordingly, the petition stands disposed off.
C.c. as per rules.”
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 11/6/2026
10:47:49 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33998
4 MCRC-53236-2026
6. The Apex Court in the case of Sundar Bhai Ambalal Desai vs. State

of Gujrat reported in (2002) 10 SCC 283 has laid down the procedure for
disposal of the valuable items like currency, liquor, vehicle and narcotics
drugs and has held as under :-
“Powers under Section 451 of Cr.P.C. 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 the proper panchanama before handing over
possession of article is prepared, 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 the properly in detail;
and
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.
7. On bare reading of the said dictum laid down by the Apex Court,
Section 451 of Cr.P.C. clearly empowers the court to pass appropriate order
with regard to such property, such as
(1) for the proper custody pending conclusion of the inquiry or
trial;
(2) to order it to be sold or otherwise disposed of, after recording
such evidence as it think necessary;
(3) if the property is subject to speedy and natural decay, to
dispose of the same.
8. The Apex Court in the case of Sundar Bhai (supra) has further held
as under :-
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 11/6/2026
10:47:49 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33998
5 MCRC-53236-2026
“However these powers are to be exercised by the concerned
Magistrate. We hope and trust that the concerned Magistrate
would take immediate action for seeing that powers under Section
451 Cr.P.C. are properly and promptly exercised and articles are
not kept for a long time at the police station, in any case, for not
more than fifteen days to one month. This object can also be
achieved if there is proper supervision by the Registry of the
concerned High Court in seeing that the rules framed by the High
Court with regard to such articles are implemented properly.”

9. Apex Court in the case of General Insurance Council and others Vs.
State of A.P. And others reported in 2010 AIR (SCW) 2967 has held as
under :-
"15. It is a matter of common knowledge that as and when
vehicles are seized and kept in various police stations, not only
they occupy substantial space of the police stations but upon being
kept in open, are also prone to fast natural decay on account of
weather conditions. Even a good maintained vehicle loses its road
worthiness if it is kept stationary in the police station for more than
fifteen days. Apart from the above, it is also a matter of common
knowledge that several valuable and costly parts of the said
vehicles are either stolen or are cannibalized so that the vehicles
become unworthy of being driven on road. To avoid all this, apart
from the aforesaid directions issued hereinabove, we direct that all
the State Governments/ Union Territories/Director Generals of
Police shall ensure macro implementation of the statutory
provisions and further direct that the activities of each and every
police stations, especially with regard to disposal of the seized
vehicles be taken care of by the Inspector General of Police of the
concerned Division/Commissioner of Police of the concerned
cities/Superintendent of Police of the concerned district.”
10.
In view of the aforesaid, this Court is of the considered opinion
that the Court below did not take into consideration that keeping the said
vehicle in the police custody for a long period is of no use. The condition of
the seized vehicle is deteriorating day by day as the same is lying in open sky
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 11/6/2026
10:47:49 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:33998
6 MCRC-53236-2026
and under the heat of sun and rains. The vehicle looses its value day by day

due to lack of maintenance, natural wear and tear and passing of time. The
Court below ought to have passed appropriate orders by taking appropriate
bond and guarantee as well as security for return of the vehicle.
11. Taking into consideration the fact that ownership of the petitioner
is not in dispute, therefore, this petition is allowed and it is directed that on
proving ownership of the said vehicle bearing registration No.RJ-28-FS-
7537 and on furnishing a cash surety of Rs.50,000/- (Rupees Fifty Thousand
Only) in the form of fixed deposit in a nationalized bank or Bank Guarantee
along with Supurdginama of Rs.50,000/- to the satisfaction of the concerned
CJM/Trial Court, the aforesaid vehicle bearing registration No.RJ-28-FS-
7537 be released on Supurdginama, subject to following conditions:-
(1) That, the petitioner shall produce the said vehicle bearing
registration No.RJ-28-FS-7537 before the trial Court as and when
directed to do so;
(2) That, in the meantime, he shall not alienate the aforesaid
vehicle or make use of the same for any unlawful purpose;
(3) That, he shall not carry out any change in the colour and
outward appearance of the said vehicle
12. With the aforesaid directions, this petition stands allowed and
disposed of.
(RAJESH KUMAR GUPTA )
JUDGE
(alok)
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 11/6/2026
10:47:49 AM