The High Court reaffirms that courts possess discretion under Section 497 BNSS, 2023 (analogous to Section 451 CrPC) to grant interim custody of vehicles seized for illegal mining, provided certain safeguards are met. This judgment follows Supreme Court precedents, streamlining the release process for vehicle owners during trial, and serves as binding authority for subordinate courts in Chhattisgarh.
Summary
| Category | Data |
|---|---|
| Case Name | CRMP/2411/2025 of SURENDRA KUMAR KURREY Vs STATE OF CHHATTISGARH |
| CNR | CGHC010332832025 |
| Date of Registration | 31-07-2025 |
| Decision Date | 16-10-2025 |
| Disposal Nature | DISPOSED OFF |
| Judgment Author | HON’BLE SHRI JUSTICE RAVINDRA KUMAR AGRAWAL |
| Court | High Court Of Chhattisgarh |
| Bench | Single Judge |
| Precedent Value | Binding authority for subordinate courts in Chhattisgarh |
| Overrules / Affirms | Follows and applies Supreme Court precedents (Sunderbhai Ambalal Desai; Multani Hanifbhai Kalubhai) |
| Type of Law | Criminal law – Mining offences; procedural law (BNSS/CrPC) |
| Questions of Law | Whether interim custody of seized vehicles used in illegal sand mining can be granted to registered owners during pendency of trial under Section 497 BNSS, 2023 |
| Ratio Decidendi |
The court held that Section 497 BNSS, 2023, which is analogous to Section 451 CrPC, empowers courts to grant interim custody of seized property, including vehicles involved in alleged offences, when proper safeguards are met. Relying on Supreme Court decisions, the court asserted that keeping vehicles in prolonged state custody is undesirable as it leads to decay and serves no useful purpose. Proper conditions and undertakings can protect the authorities’ interest. The impugned orders rejecting interim custody were thus unsustainable and set aside, subject to compliance with specified conditions for release. |
| Judgments Relied Upon |
|
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Supreme Court’s interpretation of powers under Section 451 CrPC (now Section 497 BNSS) emphasizing expedient, judicious release of seized vehicles to prevent decay, national loss, and unnecessary burden on courts and police. |
| Facts as Summarised by the Court |
Petitioners, registered owners of two tractors and trolleys, had their vehicles seized while transporting sand alleged to be without royalty, resulting in mining offence cases. They sought interim custody during trial, citing risk of decay and financial hardship. Trial court rejected their applications. Petitioners paid fines to State and claimed non-involvement in illegal activity. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Chhattisgarh |
| Persuasive For | Other High Courts considering interim custody of seized property under analogous provisions |
| Follows |
|
What’s New / What Lawyers Should Note
- Explicit application of Section 497 BNSS, 2023 (analogous to Section 451 CrPC) for interim custody of seized vehicles in illegal mining cases.
- Reaffirms the need to avoid keeping vehicles in prolonged police custody due to risk of decay and national loss.
- Lays down detailed, condition-based guidelines for release including bond amount, ownership verification, non-alienation, and future production.
- Underscores that paying fines and compliance with legal requirements are relevant for consideration.
- Directs trial courts to act promptly when such applications are made, per Supreme Court guidelines.
Summary of Legal Reasoning
The Court began by noting that Section 497 of BNSS, 2023 empowers criminal courts to make appropriate orders regarding custody and disposal of property produced before them during an inquiry or trial. The judgment then cited and extracted Supreme Court decisions, especially Sunderbhai Ambalal Desai v. State of Gujarat, which emphasized that it is counter-productive to keep seized vehicles in custody for prolonged periods, as this leads to their deterioration and unnecessary loss.
Applying these principles, the Court reasoned that denying interim custody results in financial detriment to owners and serves no public interest. Instead, courts can safeguard future proceedings and the State’s interests by imposing bonds, ensuring registered ownership, prohibiting transfer or alteration of vehicles, and mandating undertakings not to repeat offences. The trial court’s rejection of the applications was held unsustainable.
Thus, the Court ordered interim custody be given to petitioners upon satisfaction of prescribed conditions, closely tracking the Sunderbhai Ambalal Desai framework. The judgment offers practical clarity regarding application of Section 497 BNSS, 2023 in mining offence cases.
Arguments by the Parties
Petitioner:
- Vehicles were being driven by others on the instruction of the contractor; owners lacked knowledge of the alleged illegality.
- Vehicles are deteriorating in police custody and petitioners are suffering financially.
- Petitioners have already paid a fine of ₹16,080/- to the State.
- No purpose served by continued detention of vehicles; risk of national loss.
- Cited Supreme Court judgment (Sunderbhai Ambalal Desai) in support of interim custody.
Respondent/State:
- Vehicles were involved in illegal activity — transporting sand without paying royalty.
- Illegal mining and transportation are on the rise; thus seized vehicles should not be released.
- Vehicles are liable for confiscation.
- Opposed interim custody, seeking to support the trial court’s orders.
Factual Background
Petitioners are registered owners of tractors and trolleys seized by police on 16.06.2025 for allegedly carrying sand without payment of royalty, constituting an offence under the Chhattisgarh Mines and Minerals Rules, the Mines and Minerals (Development and Regulation) Act, 1957, and relevant provisions of BNSS, 2023. After investigation and filing of charge-sheet, petitioners applied for interim custody of their vehicles during the trial on the grounds of financial hardship and risk of decay, but the trial court rejected their applications. Petitioners had paid fines to the State and denied knowledge of illegal transport.
Statutory Analysis
The Court analyzed Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Section 451 of the Code of Criminal Procedure. The section empowers courts to order proper custody and disposal of property (including vehicles) produced during inquiry or trial, especially if subject to speedy/natural decay or when expedient. The provision outlines procedural requirements, including preparation of a descriptive statement, photograph/videograph evidence, and time-bound disposal/delivery orders.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinion is recorded in the judgment.
Procedural Innovations
- The judgment specifies a time-bound, documentary, and photographic process to guide lower courts in granting interim custody of seized vehicles (bond, ownership proof, insurance, prohibition on alteration or disposal, and future production).
- Incorporates explicit reliance on Section 497 BNSS, 2023 procedures, including preparation of descriptive statements and photographs as evidence.
Alert Indicators
- Precedent Followed – Supreme Court decisions (Sunderbhai Ambalal Desai; Multani Hanifbhai Kalubhai) are applied and followed.