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Patna High Court

Nandkishor SahaniversusThe State of Bihar through the D.G.P. Patna, Bihar, Patna

Decided
Disposal
CONVERTED

Holding

The writ petition is not maintainable, but the petitioner may convert it into a criminal revision petition under the BNSS.

Summary

Petitioner Nandkishor Sahani filed a writ petition seeking release of a seized vehicle and setting aside a judicial order dated 20‑09‑2025 passed by the Exclusive Special Judge, NDPS, West Champaran. The Court held that writ jurisdiction cannot be invoked to set aside such an order, rendering the writ petition non‑maintainable. However, the Court permitted the petitioner to convert the writ petition into a criminal revision petition under Sections 438 and 442 of the BNSS. The petitioner was directed to file the revision petition within two weeks and the court office was instructed to cooperate with the conversion. Consequently, the petition was not dismissed but was allowed to be pursued as a criminal revision.

Issues considered

  • Whether a writ petition is maintainable for setting aside a judicial order passed by an Exclusive Special Judge under the NDPS Act
  • Whether the petitioner may convert the writ petition into a criminal revision petition under Sections 438 and 442 of the BNSS

Legislation cited

Subjects

  • writ jurisdiction
  • criminal revision
  • NDPS Act
  • vehicle seizure
  • special judge
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.45 of 2026
                   Arising Out of PS. Case No.-69 Year-2024 Thana- Jagdishpur District- West Champaran
                 ======================================================
                 Nandkishor Sahani Son of Manshilal Sahani Resident of Village - Dakshini
                 Telhua, P.S- Nautan, District - West Champaran, Bihar.

                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar through the D.G.P. Patna, Bihar, Patna Bihar
           2.    The Superintendent of Police, Dist. - West Champaran at Bettiah. Bihar
           3.    The Officer-in-Charge, Bettiah Jagdispur Police Station, Dist. - West
                 Champaran. Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhananjay Kumar, Advocate
                 For the Respondent/s     :        Mrs. Shweta Anand, AC to GP-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   06-02-2026                  The instant writ petition has been preferred for release

                   of vehicle and setting aside a judicial order dated 20.09.2025

                   passed by learned Exclusive Special Judge, NDPS, West

                   Champaran at Bettiah in connection with Jagdishpur P.S. Case

                   No. 69 of 2024 registered under Sections 20(b)(ii)(A)/20(b)(ii)

                   (B) of N.D.P.S. Act. For setting aside a judicial order writ

                   jurisdiction cannot be invoked and therefore, the present writ

                   petition is not maintainable.

                                2. Faced with the situation, learned counsel for the

                   petitioner seeks permission to convert the present petition into

                   criminal revision petition under Sections 438 and 442 of BNSS.
            Patna High Court CR. WJC No.45 of 2026(2) dt.06-02-2026
                                                        2/2




                                   3. Permission is accorded.

                                   4. Learned counsel for the petitioner is directed to

                      convert the present petition into criminal revision petition under

                      Sections 438 and 442 of BNSS, within two weeks.

                                   5. Office is directed to extend all cooperation towards

                      conversion.



                                                (Arun Kumar Jha, J)

    DKS/-

U


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