In a criminal revision filed before the Madhya Pradesh High Court under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) against an order dated 31-01-2026 by the Special Judge (NDPS Act), Guna, whereby the petitioner’s application under Section 503 of BNSS for release of vehicle on supurdginama was rejected, a Single Judge Bench of Justice Pushpendra Yadav set aside the impugned order and remanded the matter back to the trial court for a fresh decision.
On 11-12-2025, the petitioner, along with the co-accused persons, was found transporting 1.608 kgs of opium in a white coloured Creta car. The petitioner being the owner of the car, was driving the same and the vehicle was seized after an FIR was registered for offences punishable under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He filed an application under Section 503 of BNSS for release of the vehicle on supurdginama, but the trial court rejected the said application by the impugned order.
The Court found it clear that the impugned order was based on an order by the Rajasthan High Court which was based on the Supreme Court’s decision in Bishwajit Dey v. State of Assam (2025) 3 SCC 241 wherein it was clarified that there was no rigid formula and that it is open for the trial court to take a decision considering the facts of the case.
Considering that the trial court had rejected the petitioner’s application outrightly without considering the same on merits, the Court opined that the matter deserved to be reconsidered by the trial court. Hence, the impugned order was set aside and the matter was remanded back to the trial court to decide the application for release of the vehicle on supurdginama afresh. Thus, the petition was disposed of.
