Raju Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Raju Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Application allowed; impugned order dated 29.04.2024 quashed; truck (Regn. No. WB23D-7262, Engine No. 61E63519205, Chassis No. MAT448037GLE2941) directed to be released to the petitioner on furnishing surety of Rs. 5,00,000/-, not to be sold during the pendency of the criminal proceedings in Sidhwaliya P.S. Case No. 203 of 2019 (Trial No. 25 of 2019); liberty to apply to the Trial Court for permission to sell the vehicle.

Issue for consideration

Whether the order dated 29.04.2024 of the 1st Addl. Sessions Judge, Gopalganj, refusing release of the petitioner's seized truck, is illegal and liable to be quashed, the release of such vehicle not being rejectable in view of the Supreme Court's observations in Sunder Bhai Amba Lal Desai. +1 more

Court's answer

In view of the submissions (including that no confiscation proceeding under the N.D.P.S. Act had been initiated for the vehicle) and taking into account the law laid down by the Supreme Court in Sunder Bhai Amba Lal Desai, the present application stands allowed.

Ratio / Principle

The vehicle bearing Registration No. WB23D-7262, Engine No. 61E63519205 and Chassis No. MAT448037GLE2941 is directed to be released in favour of the petitioner on his furnishing surety of Rs. 5,00,000/-, with a condition that it shall not be sold during the pendency of the criminal proceedings arising out of Sidhwaliya P.S. Case No. 203 of 2019 (Trial No. 25 of 2019).

Key takeaways

The petitioner has liberty to approach the learned Trial Court for permission to sell the vehicle if its retention would ultimately lead to losses.obiter¶20
The impugned order dated 29.04.2024 is quashed and the application stands allowed.ratio¶21

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 15692 of 2025 (oral judgment of Sourendra Pandey, J., dated 12-02-2026). The petitioner sought quashing of the order dated 29.04.2024 passed by the 1st Addl. Sessions Judge, Gopalganj, whereby his truck (Regn. No. WB23D-7262), seized in Sidhwaliya P.S. Case No. 203 of 2019 (Trial No. 25 of 2019) under Sections 414, 420, 406, 379, 411 and 34 IPC and Sections 8 (c) (b), 20 (b) (ii) (B) of the NDPS Act, 1985 after recovery of 3.10 Kg. of Ganja, was not released. The Addl. Public Prosecutor confirmed by counter affidavit that no confiscation proceeding under the N.D.P.S. Act had been initiated for the vehicle. Relying on the law laid down by the Supreme Court in Sunder Bhai Amba Lal Desai v. The State of Gujarat & Ors., (2002) 10 SCC 29, the Court allowed the application, quashed the impugned order, and directed release of the truck to the petitioner on furnishing surety of Rs. 5,00,000/-, with a condition that the vehicle shall not be sold during the pendency of the criminal proceedings, while granting liberty to approach the Trial Court for permission to sell the vehicle if its retention would lead to losses.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15692 of 2025

Arising Out of PS. Case No.-203 Year-2019 Thana- SIDHWALIYA District- Gopalganj

======================================================

Raju Sah, Son of Yogendar Sah, Resident of Dakshineshwar, P.S. - Dakshineshwar, District - North 24 Parganas (West Bengal).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adesh Raj Singh, Adv. For the Opposite Party/s : Mr. Zainul Abedin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL JUDGMENT Date : 12-02-2026

Heard Mr. Adesh Raj Singh, the learned counsel for the petitioner and Mr. Zainul Abedin, the learned Addl. Public Prosecutor for the State.

This is an application seeking quashing of the order dated 29.04.2024 passed by the Court of learned 1^st Addl. Sessions Judge, Gopalganj in connection with Sidhwaliya P.S. Case No. 203 of 2019 (Trial No. 25 of 2019) under Sections 414, 420, 406, 379, 411 and 34 of the Indian Penal Code and Sections 8 (c) (b), 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the N.D.P.S. Act ) , whereby the truck of the petitioner, bearing Registration No. WB23D-7262, Engine No. 61E63519205 and Chassis No.

Patna High Court CR. MISC. No.15692 of 2025 dt.12-02-2026 2/3

MAT448037GLE2941, has not been released in his favour.

It has been submitted on behalf of the petitioner

that his truck, referred to above, was seized by the authorities concerned on account of the fact that 3.10 Kg. of Ganja , kept in a school bag, was recovered from the said truck.

The learned counsel for the petitioner submits that the petitioner has challenged the impugned order on the ground that the same is illegal for the fact that the release of such vehicle should not be rejected in view of the observations made by the Hon’ble Supreme Court in the case of Sunder Bhai Amba Lal Desai Vs. The State of Gujarat & Ors. , reported in 2002 (10) SCC 29 .

Mr. Zainul Abedin, the learned Addl. Public Prosecutor for the State, has submitted that he has brought on record the fact by way of counter affidavit that no confiscation proceeding under the N.D.P.S. Act has been initiated for the confiscation of the vehicle in question.

In view of the aforesaid submissions and taking into account the background facts of the present case as also the law laid down by the Hon’ble Supreme Court in the case of Sunder Bhai Amba Lal Desai (supra), the present application stands allowed.

Patna High Court CR. MISC. No.15692 of 2025 dt.12-02-2026 3/3

The vehicle in question, bearing Registration No. WB23D-7262, Engine No. 61E63519205 and Chassis No. MAT448037GLE2941, is directed to be released in favour of the petitioner on his furnishing surety of Rs. 5,00,000/- with a condition that the same shall not be sold by him during the pendency of the criminal proceedings arising out of Sidhwaliya P.S. Case No. 203 of 2019 (Trial No. 25 of 2019).

The petitioner shall have the liberty to approach the learned Trial Court, in case he finds that the keeping of the vehicle would ultimately lead to losses and, therefore, he can file an application seeking permission to sell the said vehicle.

With the aforesaid observation/direction, the application stands allowed and the order impugned in the present petition, dated 29.04.2024, referred to above, is, hereby, quashed.

(Sourendra Pandey, J)

Praveen-II/-

AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	13.02.2026
Transmission Date	13.02.2026