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JITENDRA KUMAR
Md. Hakim Khan @ Hakim Khan @ Md. Hatim Khan Son of Late Basir Ahmad @ Late Basir Ahmad Khan – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Jitendra Kumar, J.
The present petition under Section 482 Cr.PC has been preferred against the impugned order dated 29.09.2015 passed by learned Sessions Judge-cum-Special NDPS Court, Motihari in NDPS Case No. 32 of 2015 whereby learned Court below has rejected the application of the petitioner for releasing the Motorcycle bearing Registration No. BR-22E-4163 seized in Motihari (Town) P.S. Case No. 445 of 2015, corresponding to G.R. No. 3330 of 2015 registered for the offence punishable under Sections 20 and 22 NDPS Act read with Section 120B of the Indian Penal Code against the petitioner and co-accused Md. Akhtar.
2. As per the prosecution case, 1 kg. Ganja has been recovered from the dickey of motorcycle in question belonging to the petitioner. The case is still at the stage of investigation. The aforesaid application of the petitioner was opposed by the police submitting that the vehicle in question is liable to confiscation under Section 60 of the NDPS Act. Learned Court below accepting the submission of the police, rejected the aforesaid application of the petitioner holding as follows:-
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.
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....
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 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....
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
The NDPS Act allows for the interim release of a seized vehicle unless the owner is implicated, provided due process is followed.
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