Mohammed Yusuf Khatr vs State Of Madhya Pradesh

Gajendra Singh, J

This criminal revision under Section 438 r/w section 442 of BNSS, 2023 has been filed by the applicant against the impugned order dated 28.08.2025 passed by the learned Special Judge NDPS Act, Jaora District Ratlam whereby, the application filed by the applicant for supurdagi of his vehicle/ car bearing registration number MP/09/CT/8306, has been rejected.

The case of the applicant is that his vehicle was seized long with 4KG and 500grams of Ganja.

Counsel for the applicant submits that the petitioner also applied for custody of his vehicle which has been rejected by the trial Court taking into account the fact that the applicant was involved in transportation of narcotic drug. He further submits that the quantity of contraband was less than commercial for which no minimum sentence is provided. It is also submitted that if the vehicle is not released on supurdgi, it would loose its value due to harsh weather, lack of maintenance, natural wear and tear, and passage of time. Thus, it is submitted that the revision may be allowed, and the vehicle be handed over to the applicant as the conclusion of trial will also take sufficiently long time.

Counsel for the respondent/State on the other hand has opposed the prayer and it is submitted that no case for interference is made out.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties and considering the fact that if the vehicle is allowed to be kept in custody the same would not be useful and the value would also depreciate on account of harsh weather, lack of maintenance, natural wear and tear and passage of time, the release of the vehicle on supurdagi to the applicant appears appropriate.

As a result, revision petition stands allowed, and the impugned order dated 28.08.2025 is hereby set aside. It is directed that the vehicle of the petitioner bearing registration no.MP/09/CT/8306 be released subject to the following conditions:

1) The petitioner will furnish security of a sum of Rs.7,00,000/- (Seven Lacs) to the satisfaction of the trial Court.

2) The petitioner will also furnish an undertaking before the trial Court that he will not change the nature or colour of the vehicle nor he will transfer or alienate it pending trial.

3) The petitioner will furnish an undertaking that he will produce the offending vehicle in question as and when required during the trial.

4) The photographs of size 18"x12" of the vehicle from all sides and also containing the Registration Number, Engine Number and Chassis Number will be taken at the expense of the petitioner in the presence of the authorized person from the Court and will be kept in the file of the case.

It is made clear that this order shall not come in the way of District Magistrate/ Additional Collector, if any proceeding for confiscation is initiated in accordance with law.

With the aforesaid, the revision petition stands disposed off.