IMPORTANT POINT
Release of seized vehicle – Prolonged retention of seized vehicles in police custody serves no meaningful purpose and results only in their gradual deterioration and depreciation.

JUDGMENT

Dr. S.K. Panigrahi, J.—The Petitioner has filed this CRLREV challenging the order dated 01.08.2024 passed by the Learned Additional Sessions Judge, Phulbani in CRLMC No.06 of 2024. He further seeks a direction from this Court for release of his vehicle on appropriate terms and conditions, as deemed fit by this Court.

I. Case of the Prosecution:

2. The prosecution’s case can be summarized as follows:—

(i) On 30.03.2023, at 5:40 AM, the Phiringia Police Station received reliable information about individuals transporting contraband (ganja) in an auto-rickshaw. The suspect vehicle (Atul Passenger Auto, OD-12-B-6726) was intercepted near Kaliasahi and found to contain 78.7 kg of ganja in 11 carry bags.

(ii) The contraband was seized along with the vehicle and the case was registered under CT-59/2023 (Phiringia P.S Case No. 51 dated 30.03.2023). The accused, including Rajesh Kumar Sahu (the petitioner), were arrested under Sections 20(b)(ii)(C), 25, and 29 of the NDPS Act.

(iii) The vehicle was directly involved in transporting contraband, making it an instrument of crime. Under Section 52-A of the NDPS Act, vehicles used for transporting narcotics cannot be released to the accused but must be disposed of following the prescribed legal procedure.

(iv) Precedents from the Orissa High Court and Supreme Court support the pre-trial disposal of vehicles used in NDPS Act offenses, rather than returning them to the owner. The Supreme Court in Union of India v. Mohanlal, (2016) 3 SCC 379 held that vehicles used in narcotics transportation must be disposed of as per Section 52-A and cannot be released during trial.

(v) Since the vehicle was used as a conveyance for illegal transport of narcotics, its release is barred by law. The only legal recourse is pre-trial disposal of the vehicle, as per government notification and court rulings.

II. The Judgment of the Sessions Court:

3. The court found that the vehicle was indeed used for transporting a commercial quantity of ganja (78.7 kg). Since the petitioner (Rajesh Kumar Sahu) was an accused in the case, he could not produce any legal authorization for possessing or transporting ganja.

4. The court cited Section 52-A(1) of the NDPS Act, which mandates pre- trial disposal of vehicles used in narcotics transportation. The Central Government’s notification dated 16.01.2015 and Special Task Force’s circular dated 26.04.2016 outline procedures for disposing of seized vehicles involved in NDPS Act cases. The Government of Odisha’s notification dated 23.05.2017 constituted District Drug Disposal Committees for handling such cases.

5. In the case of Union of India v. Mohanlal (supra), the Supreme Court has held that vehicles used for drug transport should not be released but should be disposed of under Section 52-A. Moreover, in the case of State of Odisha v. Registrar General, Orissa High Court, Cuttack2, the Division Bench of Orissa High Court ruled that Courts should not release vehicles involved in NDPS cases as they are subject to pre-trial disposal.

6. Since the vehicle was used in an NDPS Act offense, and precedents clearly establish that such vehicles should be disposed of rather than released, the petition is not maintainable. The application for release of the vehicle is rejected. The vehicle is subject to pre-trial disposal as per Section 52-A of the NDPS Act.

III. Revisionist’s Arguments:

7. The counsel for the revisionist urged the following submissions:

(i) The vehicle is legally owned by the petitioner and is a public transport auto-rickshaw. The petitioner was not involved in the alleged offense, and merely because the vehicle was used by others for carrying contraband should not justify its forfeiture.

(ii) As per the prosecution’s own version, there were nine passengers including the driver, indicating that the petitioner was not present at the time of the offense.

(iii) The auto-rickshaw is lying exposed to natural elements, leading to damage and depreciatio