2025 Supreme(SC) 35

SUPREME COURT OF INDIA
Sanjay Karol, Manmohan, JJ.
Bishwajit Dey – Appellant
Versus
The State of Assam – Respondent
Criminal Appeal No. 87 of 2025 (Arising out of Special Leave Petition (Crl.)No.13370 of 2024)
Decided On : 07-01-2025

IMPORTANT POINT
Release of seized vehicle – Seized vehicles can be confiscated by trial court only on conclusion of trial when accused is convicted or acquitted or discharged – Seized vehicle is not liable to confiscation if owner of seized vehicle can prove that vehicle was used by accused person without owner’s knowledge or connivance.

Headnote:

(A) Criminal Procedure Code, 1973 – Sections 451 and 457 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 497 and 503] – Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 51, 60 and 63, Second Proviso – Seizure of Heroin – Release of seized vehicle – Seized vehicles can be confiscated by trial court only on conclusion of trial when accused is convicted or acquitted or discharged – Even where Court is of the view that vehicle is liable for confiscation, it must give opportunity of hearing to the person who may claim any right to seized vehicle before passing order of confiscation – However, seized vehicle is not liable to confiscation if owner of seized vehicle can prove that vehicle was used by accused person without owner’s knowledge or connivance and that he had taken all reasonable precautions against such use of seized vehicle by accused person – There is no specific bar/restriction under provisions of NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in interim pending disposal of criminal case – In absence of any specific bar under NDPS Act and in view of Section 51 of NDPS Act, Court can invoke general power under Sections 451 and 457 of Cr.P.C. for return of seized vehicle pending final decision of criminal case – Trial Court has discretion to release vehicle in interim, in accordance with law in facts and circumstances of each case. (Paras 21, 22 and 23)

(B) Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 51, 60 and 63, Second Proviso – Criminal Procedure Code, 1973 – Sections 451 and 457 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 497 and 503] – Seizure of Heroin – Release of seized vehicle – Vehicle is a critical piece of material evidence that may be required for inspection to substantiate prosecution’s case, yet said requirement can be met by stipulating conditions while releasing Vehicle in interim on Superdari like Videography and still photographs to be authenticated by Investigating Officer, owner of Vehicle and accused by signing said inventory as well as restriction on sale/transfer of Vehicle – If vehicle is released, it would be beneficial to owner (who would be able to earn his livelihood), to bank/financier (who would be repaid loan disbursed by it) and to society at large (as an additional vehicle would be available for transportation of goods) – Police after investigation has not found that appellant who is owner of vehicle, has allowed his vehicle to transport contraband drugs/ substances with his knowledge or connivance – Trial Court directed to release Vehicle in question in interim on Superdari after preparing Video and still photographs of vehicle and after obtaining all information/documents necessary for identification of vehicle, which shall be authenticated by Investigating Officer, owner of Vehicle and accused by signing the same. (Paras 28, 32, 35 and 36)

(C) Criminal Procedure Code, 1973 – Sections 451 and 457 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 497 and 503] – Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 51, 60 and 63, Second Proviso – Confiscation of vehicle – Though seizure of drugs/substances from conveyances can take place in a number of situations, yet broadly, there are four scenarios in which drug or substance is seized from a conveyance – Firstly, where owner of vehicle is person from whom possession of contraband drugs/substance is recovered – Secondly, where contraband is recovered from possession of driver or cleaner hired by owner – Thirdly, where vehicle has been stolen by accused and contraband is recovered from such stolen vehicle – Fourthly, where contraband is seized / recovered from a third-party occupant (with or without consideration) of vehicle without any allegation by police that contraband was stored and transported in vehicle with owner’s knowledge and connivance – In first two scenarios, owner of vehicle and/or his agent would necessarily be arrayed as an accused – In third and fourth scenario, owner of vehicle and/or his agent would not be arrayed as an accused – Criminal law has not to be applied in a vacuum but to facts of each case – It is only in first two scenarios that vehicle may not be released on Superdari till reverse burden of proof is discharged by accused-owner – However, in third and fourth scenarios, where no allegation has been made in charge-sheet against owner and/or his agent, vehicle should normally be released in interim on Superdari subject to owner furnishing a bond that he would produce vehicle as and when directed by Court and/or he would pay value of vehicle as determined by Court on date of release, if Court is finally of the opinion that vehicle needs to be confiscated. (Paras 29 and 30)

Facts of the case:

Present Criminal Appeal has been filed challenging impugned judgment and order dated 23rd January, 2024 passed by Gauhati High Court at Assam in Case number Crl. Rev. No.P/483/2023, whereby appellant’s writ petition challenging order dated 09th October, 2023 passed by Additional Sessons Judge Karbi Anglong, Diphu, in Dillai Police Station case No.32/2023, corresponding to G.R. Case No.150/2023 dated 05th October, 2023 was dismissed.

Findings of Court:

If Vehicle in present case is allowed to be kept in custody of police till trial is over, it will serve no purpose. Vehicles in police custody are stored in open. If Vehicle is not released during trial, it will be wasted and suffering vagaries of weather, its value will only reduce.

Result : Criminal Appeal allowed.