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K. NATARAJAN
KAWAL JEET KAUR W/O JANG BAHADUR SINGH – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. This petition is filed by the petitioner/RC holder of the vehicle under Section 482 of Cr.P.C. for setting aside the order passed by the Prl. District and Sessions Judge, Vijayapura dated 10.07.2024 in Crl. Misc. No. 981/2024, having dismissed the application under Section 457 of Cr.P.C. and release the vehicle, which was seized by the Excise Range Office in Crime No. 105/2023-24/1006IE/100606 for offences punishable under Sections 15(c), 18(c), 20(b)(ii)(B), 25, 61, 8(b), 8(c) of NDPS Act.
2. Heard the arguments of learned counsel for the petitioner and learned HCGP for the State.
3. The case of the prosecution is that the petitioner is the owner of the goods container vehicle bearing registration No. RJ-14/GG-4191 and he is engaged in the profession of transportation of goods from different parts of the country and the vehicle in question was hired by the Royal India Roadways for transportation of garments. Accordingly, garments were sent along with 12 invoices from Ludhiana, Panjab to Tripura and Coimbatore, Tamil Nadu. When the vehicle was passing near the jurisdiction of Shiradon check post, the vehicle was intercepted and on verification, the Excise Inspector found 10
The court established that the Special Court has the authority to grant interim custody of a vehicle seized under the NDPS Act if the owner proves lack of knowledge of its use for illegal activities.
Release of vehicle - In the absence of procedure evolved for release of vehicle also, the matter has to be considered by the Larger Bench. In the case on hand, the question involved is in respect of ....
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....
Ownership rights must be acknowledged in interim custody claims of seized vehicles under the NDPS Act, especially when no charges are laid against the owner.
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 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 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 main legal point established in the judgment is that the power to decide the claim of a person regarding a seized conveyance lies with the special court under Section 60 and 63 of the NDPS Act, a....
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