Patna High Court
Garbhu SahversusThe State of Bihar through the Principal Secretary, Govt. of Bihar, Patna.
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 25(1-b)A, 26, 35
- Code of Criminal Procedure — s. 451, 457
- Indian Penal Code — s. 399, 402, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 22, 8/20(b)(ii)(c)
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
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"(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
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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
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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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