P&H HC Orders Registered Owner’s Bolero Released On Superdari Despite 10g Heroin Seized From Him

The petitioner sought release on superdari of a Mahindra Bolero, registration No. PB07-BX-3678, seized in connection with an FIR under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The police opposed release, stating that 10 grams of heroin had been recovered from the petitioner while he was travelling in the vehicle, that the vehicle was used in the sale of heroin, and that its ownership remained unverified.

The Additional Sessions Judge, Amritsar, rejected the application on 1 March 2025.

Before the High Court, the petitioner produced a certified registration certificate showing him as the vehicle’s registered owner.

Sections 21 and 29 of the NDPS Act, 1985, were the provisions under which the FIR was registered; the judgment did not identify a specific statutory provision governing interim release of the vehicle.

Relying on Bishwajit Dey v. The State of Assam, 2025(1) R.C.R. (Criminal) 486, the Court applied the principle that a vehicle seized in connection with an NDPS offence may be released on superdari during trial, since prolonged storage in police custody risks deterioration and serves no useful purpose.

It also relied on Sunderbhai Ambala Desai v. State of Gujarat, (2002) 10 SCC 283, which recognises that seized vehicles need not be kept at police stations for long periods and may be released subject to appropriate bonds, guarantees, or security.

The Court found that the trial court’s ownership concern was no longer material because the petitioner produced a certified registration certificate showing him as the registered owner.

It further observed that, even if ownership required verification, the trial court should have sought a police report rather than rejecting the application on that ground.

The allegation that the vehicle had been used in narcotics activity did not justify keeping it in police custody throughout the trial, particularly given the risk of deterioration; the trial court could address any concerns by imposing appropriate conditions on release.

It directed that vehicle No. PB07-BX-3678 be released to the petitioner, as its registered owner, on superdari, subject to the usual terms and conditions imposed by the trial court.