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JITENDRA KUMAR
Bhola Singh @ Ayush Singh Son of Markandey Singh – Appellant
Versus
State of Bihar – Respondent
ORDER
The present petition has been preferred under Section 482 CrPC for quashing the impugned order dated 28.06.2016 passed by Ld. Additional Sessions Judge, 1st Gopalganj in Trial No. 39 of 2015/27 of 2016 arising out of Bijaipur PS Case No. 131/2015 registered for an offence punishable under Sections 8, 20 and 22 of the NDPS Act and for releasing the motorcycle bearing No. U.P. 52 AF 8259 and a mobile of Gionee Company bearing IMEI No. 8676450205 and its sim of mobile No. 9628877640.
2. The factual matrix as emerging from the record is that on a written report of informant Chandan Kumar, Bijaipur PS Case No. 131/2015 was registered for an offence punishable under Sections 8, 20 and 22 of the NDPS Act against Sahebzada @ Gabbar and Bhola Singh @ Ayush. As per FIR, the accused persons were driving the motorcycle in question and during vehicle checking, they attempted to drive fast, whereupon, they were stopped and checked, whereupon, from the dickey of the motorcycle 1.9 Kilograms of Ganja was seized. After investigation, charge-sheet has been submitted and cognizance has been taken against both the accused persons. Even charge has been framed against them on 18.02.2016.
3. It furthe
Confiscation and release of vehicle – Decision regarding confiscation of any article can be taken only by Special Court and only after conviction, acquittal or discharge – There is no provision for p....
The Special Court under the NDPS Act can grant interim custody of seized vehicles, provided the owner proves non-involvement in the offence, despite potential confiscation.
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....
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.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
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....
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
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