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SANJAY KAROL, MANMOHAN
Bishwajit Dey – Appellant
Versus
State of Assam – Respondent
The legal document discusses the principles governing the release and confiscation of seized vehicles in criminal cases, particularly under laws related to drug trafficking. It emphasizes that vehicles can generally be released on interim basis during trial if certain conditions are met, such as ensuring proper identification, safeguarding evidence, and preventing misuse. The court recognizes that seized vehicles are important for evidence but also notes that indefinite detention in police custody can lead to deterioration and economic loss. The court highlights that there is no specific legal restriction preventing the interim release of vehicles used in drug offenses, provided that the owner can prove they were not involved or connived in the offense. Conditions such as videography, signing inventories, and restrictions on sale can be imposed to safeguard evidence and prevent misuse. Ultimately, the court favors releasing vehicles in appropriate cases to benefit owners, society, and to prevent unnecessary damage or depreciation, while ensuring safeguards are in place to preserve the integrity of the case.
JUDGMENT :
MANMOHAN, J.
1. Leave granted.
2. The Criminal Appeal has been filed challenging the impugned judgment and order dated 23rd January, 2024 passed by the Gauhati High Court at Assam in Case number Crl. Rev. No.P/483/2023, whereby the appellant’s writ petition challenging the order dated 09th October, 2023 passed by the 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.
RELEVANT FACTS
3. Briefly stated the relevant facts of the present case are that the appellant had purchased a Truck for commercial purpose bearing Registration No.AS-01-NC-4355 (hereinafter referred to as “the Vehicle”) with the intent of plying the same. The Vehicle was purchased on monthly Equated Monthly Instalment of Rs.1,00,020/- (One lakh and twenty rupees) and according to the appellant, it is his only source of income.
4. On 10th April, 2023, the Vehicle was coming from Dimapur side and was signaled to stop at naka checking point. The Police officer searched the Vehicle and found two identical soap boxes containing suspected heroin which was covered in black polythene, kept concealed insi
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 confis....
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 crimin....
The court ruled that a vehicle seized under the NDPS Act can be released on interim custody unless the owner is implicated in the unlawful use, affirming the application of Sections 451 and 457 of th....
The NDPS Act allows for the interim release of a seized vehicle unless the owner is implicated, provided due process is followed.
The owner of a vehicle seized in connection with an NDPS offence can claim its release if proved unconnected with the crime, emphasizing the need for judicial scrutiny in such cases.
The ownership of a vehicle seized under NDPS Act must be respected if the owner proves lack of knowledge of its illegal use; interim custody can be granted subject to conditions.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
A registered owner of a vehicle seized in connection with a narcotics offence, who is not an accused, is entitled to interim custody of the vehicle, subject to meeting certain conditions to ensure co....
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