Punjab and Haryana High Court Directs Release of Seized Vehicle with Conditions

Court emphasizes digital evidence to prevent prolonged custody and deterioration of seized vehicles under Bharatiya Nagarik Suraksha Sanhita, 2023.

In a significant judgment, the Punjab and Haryana High Court has directed the release of a Maruti Swift car seized by the Gurugram police under FIR No. 622 dated October 10, 2024, related to multiple offenses under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS). The petitioner, Amit Tanwar, who is the registered owner of the vehicle, approached the High Court following the dismissal of his application for release by both the Judicial Magistrate and the Additional Sessions Judge in Gurugram.

Justice Anoop Chitkara, presiding over the case, set aside previous orders denying the vehicle's release, highlighting the importance of preventing vehicle decay due to prolonged police custody. The court underscored the need for digital evidence, such as photographs and videography, to preserve the vehicle's identification details and evidentiary value. The judgment noted that the vehicle, not required for confiscation under any statute, should be released to the petitioner to prevent depreciation and decay.

In his judgment, Justice Chitkara emphasized that the vehicle should not be kept indefinitely unless necessary for investigation or trial. He pointed out that digital evidence can be stored indefinitely, thus eliminating the need for physical custody. The judgment outlined specific conditions for the vehicle's release, including forensic examination, mechanical reports, and the submission of affidavits by the claimant. The court also mandated compliance with hypothecation clearance to ensure accountability.

The court's decision aligns with the provisions under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which corresponds to Section 451 of the Criminal Procedure Code. This section allows for the release of vehicles during inquiry or trial upon compliance with prescribed conditions, ensuring proper disposal and preventing prolonged seizure that affects ownership rights and the vehicle’s condition.

Justice Chitkara's order is a significant step towards modernizing the approach to handling case properties, particularly vehicles, and ensuring that legal procedures do not inadvertently cause financial harm to vehicle owners. The judgment also provides a clear directive to lower courts, urging them not to reject applications for vehicle release without substantial reasoning.

The decision is expected to have a wide impact, particularly in reducing the backlog of seized vehicles in police custody and ensuring that vehicles are returned to their rightful owners without undue delay. The court has instructed that digital copies of this order be sent to all judicial officers in Punjab, Haryana, and Chandigarh to ensure uniform application of these principles.

Bottom Line:

Release of vehicles seized as case property under Bharatiya Nagarik Suraksha Sanhita, 2023 - Conditions for the release prescribed to prevent prolonged custody and deterioration of vehicles.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497

Amit Tanwar v. State of Haryana, (Punjab and Haryana) : Law Finder Doc Id # 2807500