Back
MANMOHAN, DIPANKAR DATTA
Tarun Kumar Majhi – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. appeal regarding vehicle release due to prior acquittal. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on vehicle bond and value. (Para 8 , 9 , 10 , 11) |
| 3. court’s view on vehicle confiscation procedure. (Para 12 , 13 , 14 , 15) |
| 4. final order on appeal and vehicle. (Para 16) |
ORDER :
2. Present appeal has been filed by the Appellant challenging the impugned judgment and order dated 15th July, 2024 passed by the High Court at Calcutta in C.R.R. No.1439 of 2021 by which the High Court directed furnishing of a surety bond of Rs.6,00,000/- (Rupees Six Lakhs) for release of the vehicle i.e. Hyundai X-cent belonging to the Appellant.
4. Though the name of the Appellant was initially mentioned in the First Information Report ('FIR') but after culmination of investigation, he was discharged from the said case on the basis of specific statement made by the Investigation Officer before the Trial Court in 2017 itself. However, the Appellant's car has continued to be in custody of police as an alamat of the case.
6. On 19th March, 2021, the Appellant filed an application under Section 452 Cr.P.C. in the Special (NDPS) Case No.34 of 2017 for release of his Hyundai X-cent car. However,
The forfeiture of a bond executed for the release of a vehicle involved in NDPS offenses is enforceable when the vehicle is not produced in Court.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
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 emphasized that the imposition of onerous and superfluous conditions for the release of the vehicle was unjustified and set aside the requirement for a bank guarantee.
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....
A vehicle seized under the NDPS Act can be released to its registered owner if no confiscation order has been issued, provided ownership is substantiated.
The NDPS Act mandates strict conditions for the interim custody of seized vehicles, especially when the owner is implicated in the offence.
The court acknowledged that vehicles seized in NDPS cases should not be retained indefinitely, establishing guidelines for interim release to prevent deterioration and ensure lawful ownership.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
