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Patna High Court

Garbhu SahversusThe State of Bihar through the Principal Secretary, Govt. of Bihar, Patna.

Decided
Disposal
ALLOWED

Holding

The petition is allowed; the seized vehicle is to be released subject to conditions imposed by the court.

Summary

Garbhu Sah, the owner of a car (Reg. No. BR06DF4017), filed a writ petition in the Patna High Court seeking a mandamus directing the release of his vehicle seized in connection with a criminal case under IPC sections 399, 402, 414, the Arms Act and the NDPS Act. The petitioner argued that no confiscation proceeding under the NDPS Act had been initiated, compelling him to approach the court directly. The State and Union of India contended that the petition was not maintainable because the petitioner had not first approached the trial court under CrPC sections 451 and 457. The court, relying on the Supreme Court decision in Sunderbhai Ambalal Desai v. State of Gujarat, held that a seized vehicle should not remain in police custody indefinitely and may be released pending confiscation proceedings. Accordingly, the court ordered the vehicle’s release subject to the petitioner furnishing ownership documents, furnishing a bond equal to the vehicle’s insured declared value, and undertaking not to alienate the vehicle, while leaving the matter open to further conditions by the trial court.

Issues considered

  • Whether a writ petition for the release of a seized vehicle is maintainable when the petitioner has not approached the trial court under CrPC sections 451 and 457.
  • Whether the absence of a confiscation proceeding under the NDPS Act justifies the issuance of a mandamus for release of the vehicle.
  • Whether the High Court can impose conditions such as a bond and undertaking before ordering release of the seized vehicle.

Legislation cited

Subjects

  • writ jurisdiction
  • mandamus
  • vehicle seizure
  • NDPS Act
  • confiscation proceeding
  • Criminal Procedure Code
  • release of seized property

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Criminal Writ Jurisdiction Case No.1140 of 2025
         Arising Out of PS. Case No.-826 Year-2023 Thana- SITAMARHI District- Sitamarhi
     ======================================================
     Garbhu Sah S/O Ramanand Sah Resident of Village- Jafarpur, Ward No. 12,
     PS- Belsand, Distt-Sitamarhi

                                                                       ... ... Petitioner/s

                                            Versus

1.   The State of Bihar through the Principal Secretary, Govt. of Bihar, Patna.
     Bihar
2.   The Union of India through the Secretary, Department of Narcotic Drugs
     Psychotropic Substance New Delhi
3.   The Secretary, Bihar State Narcotic Drugs Control, Bihar, Patna. Bihar
4.   4. The Inspector General of Police, Bihar, Patna. Bihar
5.   The District Magistrate, Sitamarhi. Bihar
6.   The Superintendent of Police, Sitamarhi. Bihar
7.   The Deputy Superintendent of Police, Sitamarhi. Bihar
8.   The Officer-in-Charge, Sitamarhi Town Police Station, District Sitamarhi
     Bihar

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :        Mr.Subodh Kumar, Advocate
     For the State            :        Mr. Iqbal Asif Niazi, AC to GP-5
     For UOI                 :         Dr. Anjani Prasad Singh, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                     ORAL JUDGMENT

      Date : 05-02-2026

                    Heard learned counsel for the parties and I intend to

      dispose of the petition at this stage.

                    2. No counter affidavit has been filed on behalf of

      State-respondents or the Union of India.

                    3. The petitioner has approached this Court seeking

      following relief(s):-
Patna High Court CR. WJC No.1140 of 2025 dt.05-02-2026
                                            2/5




                                 "(i) For issuance of an appropriate writ in
                                 the nature of mandamus commanding and
                                 directing the respondent authorities to
                                 release the car vehicle bearing Registration
                                 No.         BR06DF4017,        Engine     No.
                                 B4DA424EOL0222 which has been seized in
                                 connection with Sitamarhi Town P.S. Case
                                 No. 826/2023 registered under sections 399,
                                 402, 414 of the Indian Penal Code read with
                                 Sections 25(1-b)A, 26 and 35 of the Arms
                                 Act read with Sections 8/20(b)(ii)(c)/22 of
                                 the N.D.P.S. Act in favour of the petitioner
                                 who is owner of the vehicle.
                                 (ii) And for any other reliefs for which this
                                 Hon'ble Court may deem fit and proper."


                      4. Learned counsels appearing on behalf of Union of

         India and the other State-respondents submit that the present

         petition is not maintainable as the petitioner has not approached

         the learned trial court under Section 451 and 457 of the Code of

         Criminal Procedure and straightway come before this Court.

                      5. On specific query as to whether any confiscation

         proceeding has been started, learned counsel for the State-

         respondents submits that he has no instruction in this regard.

         However, learned counsel for the petitioner submits that no

         confiscation proceeding has been started till date. Learned
Patna High Court CR. WJC No.1140 of 2025 dt.05-02-2026
                                            3/5




         counsel further submits that as there is provision for

         confiscation under NDPS Act, and the confiscation proceeding

         has not been started till date, the petitioner was compelled to

         come before this Court under writ jurisdiction.

                      6. Since the matter concerns with the release of the

         vehicle and Hon'ble Supreme Court in the case of Sunderbhai

         Ambalal Desai vs. State of Gujrat, in (2002) 10 SCC 283 has

         held as under:-

                                 “In our view, whatever be the situation, it is of
                                 no use to keep such-seized vehicles at the
                                 police stations 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.

                                 In case where the vehicle is not claimed by the
                                 accused, owner, or the insurance company or
                                 by third person, then such vehicle may be
                                 ordered to be auctioned by the Court. If the
                                 said vehicle is insured with the insurance
                                 company then insurance company be informed
                                 by the Court to take possession of the vehicle
                                 which is not claimed by the owner or a third
                                 person. If Insurance company fails to take
                                 possession, the vehicles may be sold as per the
                                 direction of the Court. The Court would pass
                                 such order within a period of six months from
Patna High Court CR. WJC No.1140 of 2025 dt.05-02-2026
                                            4/5




                                 the date of production of the said vehicle before
                                 the Court. In any case, before handing over
                                 possession       of   such   vehicles,   appropriate
                                 photographs of the said vehicle should be taken
                                 and detailed panchnama should be prepared.”

                      7. Considering the fact that if the seized vehicle is

         allowed to remain in judicial custody, it will be wasted everyday

         causing loss of national property. Therefore, without going into

         the merits of the case, if the confiscation proceeding has not

         been started, the car of the petitioner bearing Registration No.

         BR06DF4017 seized in connection with Sitamarhi Town P.S.

         Case No. 826 of 2023 is directed to be released on

         receipt/production of the copy of this order with the following

         conditions:-

                                 (i) The petitioner shall furnish all the

                                 necessary papers /documents of ownership

                                 and security bond/indemnity bond (not bank

                                 guarantee) equal to Insured Declared Value

                                 (IDV) of the vehicle in question as on date to

                                 the satisfaction of the concerned/competent

                                 authority.

                                 (ii) The petitioner shall undertake, in writing,

                                 that the vehicle, in question, shall neither be

                                 alienated for be transferred/sold in favour of
             Patna High Court CR. WJC No.1140 of 2025 dt.05-02-2026
                                                         5/5




                                              any third party during the pendency of the

                                              proceeding and that the vehicle in question,

                                              shall be produced as and when called upon

                                              or required in the proceeding or otherwise.

                                              (iii) To the satisfaction and any other

                                              condition to be imposed by the learned trial

                                              court.

                                   8. Accordingly, the present petition stands allowed.




                                                (Arun Kumar Jha, J)

  DKS/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.02.2026
Transmission Date       06.02.2026


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