Rishabh Butola vs State Of Uttarakhand on 5 August, 2026

    0
    3
    ADVERTISEMENT

    Uttarakhand High Court

    Rishabh Butola vs State Of Uttarakhand on 5 August, 2026

                                                             UKHC010129302026
    
    
    
                                                                     2026:UHC:6924
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions              COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   CRLR/561/2026
    
    
                                   Rishabh Butola            ..........Revisionist
    
                                                         Versus
    
                                   State Of Uttarakhand      .........Respondent
    
                                   Hon'ble Alok Mahra, J.
    

    Mr. Amit Tyagi and Mr. Gaurav
    Nagpal, learned counsel for the revisionist.

    2. Mr. Prabhat Kandpal, learned A.G.A.
    along with Mr. Jai Prakash Kandpal,
    learned Brief Holder for the State.

    SPONSORED

    3. Present criminal revision has been
    filed against the order dated 06.05.2026
    passed by learned Special Judge N.D.P.S.
    Act
    /1st Addl. Sessions Judge, Dehradun in
    Misc. Criminal Case No.232 of 2026
    (S.S.T. No.22 of 2025) , whereby the
    application filed by the revisionsit to
    release of the seized vehicle in favour of
    the revisionist has been dismissed by the
    said court.

    4. Learned counsel for the revisionist
    would submit that the revisionist is the
    registered owner of the vehicle in question,
    namely, Scooty bearing Registration No.
    UK-12 G-1215; that, an F.I.R. dated
    16.09.2025 was lodged at Police Station
    Raipur, District Dehradun, under Sections
    8
    /20/29/60 of the Narcotic Drugs and
    Psychotropic Substances Act, 1985; that,
    according to the prosecution case, on
    16.09.2025, while the police party was on
    routine patrolling duty, the aforesaid
    scooty, allegedly being driven by the
    UKHC010129302026

    2026:UHC:6924
    revisionist with a co-accused as pillion
    rider, was intercepted. It is alleged that
    they were apprehended and, upon search,
    contraband (charas) was allegedly
    recovered from their possession; that,
    consequently, the revisionist was arrested,
    sent to judicial custody and the aforesaid
    scooty was seized by the Investigating
    Officer in connection with the said case.

    5. Learned counsel further submits that
    the revisionist has already been enlarged
    on regular bail by this Court vide order
    dated 06.04.2026; that, however, despite
    the grant of bail, the seized vehicle
    continues to remain parked in the
    premises of Police Station Raipur, District
    Dehradun, exposed to sun, rain and other
    vagaries of nature without any proper
    maintenance; that, continued retention of
    the vehicle in such conditions would
    inevitably result in its deterioration in
    value and mechanical damage, therefore,
    in these circumstances, the revisionist
    moved an application under the relevant
    provisions of law before the learned
    Special Judge, N.D.P.S. Act/1st Additional
    Sessions Judge, Dehradun, registered as
    Misc. Criminal Case No. 232 of 2026
    (S.S.T. No. 22 of 2025), seeking interim
    release (supurdgi) of the seized vehicle,
    however, the said came to be rejected by
    the learned trial Court vide the impugned
    order dated 06.05.2026. Hence, this
    revision.

    6. Learned counsel for the revisionist
    would further submit that the impugned
    order is wholly unsustainable in law and
    has been passed without proper
    appreciation of the statutory provisions
    governing confiscation of property under
    the N.D.P.S. Act; that, the Sections 60 and
    63 of the N.D.P.S. Act contemplate
    confiscation of a vehicle only upon
    UKHC010129302026

    2026:UHC:6924
    adjudication by the competent Court after
    conclusion of the trial and recording of
    requisite findings; that, mere seizure of a
    vehicle during investigation does not
    automatically disentitle the registered
    owner from seeking its interim custody;
    that, the learned trial Court has
    erroneously proceeded on the assumption
    that release of the vehicle would frustrate
    the proceedings for confiscation, whereas
    the question of confiscation can be
    determined only after culmination of the
    trial.

    7. Learned counsel further submits that
    the impugned order is contrary to the
    settled principles laid down by the Hon’ble
    Supreme Court in Sunderbhai Ambalal
    Desai v. State of Gujarat
    , (2002) 10 SCC
    283, wherein it has been categorically held
    that no useful purpose is served by
    allowing seized vehicles to remain
    stationed in police premises for an
    indefinite period, as such vehicles
    invariably deteriorate with the passage of
    time. The Hon’ble Apex Court has
    emphasized that criminal courts should
    ordinarily release seized vehicles to their
    rightful owners on appropriate terms and
    conditions so as to preserve their value
    and utility.

    8. He would further submit that the
    issue is no longer res integra in view of the
    recent judgment of the Hon’ble Supreme
    Court in Bishwajit Dey v. State of Assam,
    2025 (1) RCR (Criminal) 486, wherein the
    Hon’ble Apex Court has authoritatively
    held that there exists no express statutory
    prohibition under the N.D.P.S. Act against
    interim release of a seized vehicle pending
    trial and that the criminal court possesses
    ample jurisdiction to release such vehicle
    in exercise of its powers, subject to
    appropriate safeguards ensuring its
    UKHC010129302026

    2026:UHC:6924
    production whenever required during the
    proceedings.

    9. Learned counsel also submits that
    the learned trial Court has failed to
    consider the aforesaid binding precedents
    and has also overlooked the practical
    reality that the vehicle is continuously
    lying in an open space within the police
    station premises, thereby being subjected
    to corrosion and depreciation. It is argued
    that if the vehicle is permitted to remain in
    such condition till conclusion of the trial,
    which may take considerable time, it
    would be rendered virtually unusable,
    thereby causing irreparable financial loss
    to the revisionist. It is, therefore, prayed
    that the vehicle be released in favour of
    the revisionist on such terms and
    conditions as this Court may deem fit and
    proper to impose.

    10. Per contra, learned State counsel
    opposed the submissions advanced on
    behalf of the revisionist and supported the
    impugned order. However, he fairly did not
    dispute the legal principles enunciated by
    the Hon’ble Supreme Court in the
    aforesaid decisions regarding interim
    release of seized vehicles.

    11. Heard learned counsel for the parties
    and perused the material available on
    record.

    12. It is not disputed that the revisionist is
    the registered owner of the vehicle in
    question. It is also undisputed that the
    vehicle has remained in the custody of the
    police since its seizure and is lying in the
    open premises of the police station. The
    revisionist has already been enlarged on
    regular bail and there is nothing on record
    to indicate that release of the vehicle on
    appropriate terms would prejudice the
    prosecution case or adversely affect the
    UKHC010129302026

    2026:UHC:6924
    trial.

    13. The Hon’ble Supreme Court in
    Sunderbhai Ambalal Desai (supra) has
    categorically held that seized vehicles
    should not be permitted to remain parked
    in police stations for long periods as they
    lose their value and utility.
    The same
    principle has recently been reiterated in
    Bishwajit Dey (supra), wherein it has been
    held that there is no statutory embargo
    under the N.D.P.S. Act against interim
    release of a seized vehicle pending trial
    and that such release can be granted
    subject to suitable safeguards.

    14. In the facts and circumstances of the
    present case, this Court is of the
    considered opinion that the learned trial
    Court failed to exercise the jurisdiction
    vested in it in accordance with the settled
    principles of law and rejected the
    application on considerations which are
    legally unsustainable. Accordingly, the
    impugned order warrants interference in
    exercise of the revisional jurisdiction of
    this Court.

    15. Accordingly, the order dated
    06.05.2026 passed by the learned Special
    Judge, N.D.P.S. Act
    /1st Additional
    Sessions Judge, Dehradun in Misc.
    Criminal Case No. 232 of 2026 (S.S.T. No.
    22 of 2025) is hereby set aside. The
    learned trial Court is directed to release
    the seized Scooty bearing Registration No.
    UK-12 G-1215 in favour of the revisionist,
    being its registered owner, on his
    furnishing a personal bond and two
    reliable sureties to the satisfaction of the
    trial Court, subject to the following
    conditions:

    (i) The revisionist shall not transfer,
    alienate, create any third-party interest
    or alter the identity of the vehicle
    during the pendency of the trial
    UKHC010129302026

    2026:UHC:6924
    without prior permission of the trial
    Court.

    (ii) The revisionist shall produce the
    vehicle before the trial Court or the
    Investigating Agency as and when
    directed.

    16. It is made clear that before release,
    the Investigating Officer shall prepare a
    detailed inventory of the vehicle,
    mentioning its registration number,
    engine number, chassis number and
    present condition, and shall also take
    coloured photographs/videography
    thereof, which shall form part of the
    judicial record. The release of the vehicle
    shall remain subject to the final order
    regarding confiscation, if any, to be passed
    by the competent Court in accordance
    with law after conclusion of the trial.

    17. With above observations and
    directions, the criminal revision is allowed.

    18. Pending application(s), if any, shall
    stand disposed of accordingly.

    (Alok Mahra, J.)
    05-08-2026

    MA
    Mamta Digitally signed by MAMTA
    RANI
    DN: c=IN, o=HIGH COURT
    OF UTTARAKHAND,
    ou=HIGH COURT OF
    UTTARAKHAND,

    MTA
    2.5.4.20=6a812005bebfcf46f
    244f3e584af1449e430ef900
    bf09a6d67ebbd642671329b
    , postalCode=263001,
    st=Uttarakhand,
    serialNumber=5de1751a4f1

    RANI
    d9cabfd54852c9e68911ca8
    b66dd26690a191648ab5d8
    dd004ef0, cn=MAMTA RANI
    Date: 2026.08.05 17:48:27
    +05’30’



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here