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2005 Supreme(SC) 647

B.N.AGARWAL, P.K.BALASUBRAMANYAN
UNION OF INDIA – Appellant
Versus
DINESH KUMAR VERMA – Respondent


ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. By the impugned order, the High Court has directed for release of the vehicle during trial of the accused for violation of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act). In our view, in the facts and circumstances of the present case, the High Court was not justified in releasing the vehicle.

4. Accordingly, the appeal is allowed, the impugned order rendered by the High Court is set aside and the prayer for release of vehicle made on behalf of the respondent is rejected. The respondent is directed to surrender the vehicle within a period of one month from today, failing which it would be open to the police to seize the same and report compliance to this Court within a period of six weeks from today.

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