Rajesh Kumar vs State Of Jharkhand

Anil Kumar Choudhary, J

I.A. No. 58 of 2026

Heard the parties.

Learned  counsel  for  the  petitioner  submits  that  this  interlocutory application has been filed for early hearing of this Cr.M.P.

Since  hearing  of  this  interlocutory  application  is  taken  up  today, hence, this interlocutory application is disposed of being infructuous.

Cr.M.P. No.1209 of 2025

Heard the parties.

This  Criminal  Miscellaneous  Petition  has  been  filed  invoking  the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Initially, this petition was filed and registered as W.P.(Cr.) No.320 of 2025. On 08.05.2025, the counsel for the petitioner sought  permission  of  the  concerned  Bench  of  this  Court to  convert this petition into Criminal Miscellaneous Petition. i.e. petition under Section 482 of the Code of Criminal Procedure. The prayer was allowed.

The  prayer  made  in  this  Cr.M.P.  is  for  quashing  the  order  dated 09.04.2025 passed by the learned Sessions Judge-cum-Special Judge, N.D.P.S. Cases, Lohardaga in M.C.A. No.142 of 2025 arising out of N.C.B. Crime No.01 of 2025, which was filed by the petitioner under Section 497 of the B.N.S.S., 2023 for release of his consignment consisting of different size of Medium Density Fiber Boards, which petition,  the  petitioner  claims  has  arbitrarily  and  illegally  been  rejected by the learned Sessions Judge, Lohardaga.

It  is  submitted by  the learned  counsel  for  the  petitioner  that  250 Kg of Ganja was found from the vehicle which was concealed by plywoods. The Ganja in the truck was seized. The Medium Density Fiber  Boards  did  not  find  mention  in  the  seizure  list  and  the  same  was never seized or produced before the Court concerned. It was illegally kept in the custody of Kuru  Police Station. Notices were issued to the company of the petitioner, namely, Mangalam Timber and the case was at  the  early  stage  of  investigation  and  the  learned  Sessions  Judge-cum- Special  Judge, N.D.P.S.  Cases,  Lohardaga rejected the application. It is further submitted by the learned counsel for the petitioner that the impugned order is not sustainable in law. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.

Learned Spl.P.P. appearing for the State of Jharkhand and the learned counsel appearing for the Union of India on the other hand submit that  the  learned Court can be urged upon  to exercise  the power under Section 497 of the B.N.S.S., 2023 only when the property is produced before the any Court and admittedly, in this case, as the property sought to be released has never been produced before the Court concerned being the learned Sessions Judge-cum-Special Judge, N.D.P.S.  Cases,  Lohardaga,  so,  no  illegality  has  been  committed  by  the learned Sessions Judge-cum-Special Judge, N.D.P.S. Cases, Lohardaga in not exercising the power under Section 497 of the B.N.S.S., 2023. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that it is the admitted case of the petitioner that the property sought to be released in favour of the petitioner was never produced before the learned Sessions Judge-cum-Special Judge, N.D.P.S. Cases, Lohardaga.

Under such circumstances, no illegality has been committed by the learned Sessions Judge-cum-Special Judge, N.D.P.S. Cases, Lohardaga in not exercising the power under Section 497 of the B.N.S.S.,2023 as the property concerned sought to be released was never produced before the Court concerned; as production of the property sought to be released before the court concerned, is the sine qua non, for exercising  the  power,  by  the  court  concerned,  under  section  497  of  the BNSS. Therefore, this Court is of the considered view that there is no justifiable reason to quash the order dated 09.04.2025 passed by the learned Sessions Judge-cum-Special Judge, N.D.P.S. Cases, Lohardaga in M.C.A. No.142 of 2025 arising out of N.C.B. Crime No.01 of 2025 made  in  this  Cr.M.P.,  in  exercise  of  its  power  under  Section  528  of  the B.N.S.S., 2023.

Accordingly, this Cr.M.P., being without any merit, is dismissed..