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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Sunita Devi, wife of Late Ashok Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of rejection for scooty release. (Para 2 , 4 , 5) |
| 2. court's reasoning on interim vehicle release in ndps cases. (Para 6 , 12 , 14) |
| 3. arguments on ownership and vehicle confiscation. (Para 7 , 8 , 9 , 11) |
| 4. final order permitting vehicle release with conditions. (Para 15 , 16 , 17) |
JUDGMENT :
Chandra Shekhar Jha, J.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The present quashing petition has been on behalf of the petitioner for quashing the order dated 02.07.2024 as passed by learned Addl. Sessions Judge IVth, Purnea in connection with K. Hat P.S. Case No. 238 of 2024 registered for the offences punishable under Sections 8 (C), 21(a)and 25 of the NDPS Act, where petition of petitioner as to release his Scooty bearing registration no. BR11BB1257 and mobile phone bearing IMEI No. 860153069758957 and 860153069258940 was rejected by learned Addl. Sessions Judge IV th, Purnea.
3. At the outset, in view of disputed report regarding ownership of mobile, as it was reported by Superintendent of Police, Purnea through letter no. 31 dated 18.01.2025 that same is registered in the name of Shivam Kumar Son of Ashok Singh,
The court established that under the NDPS Act, a vehicle's confiscation can only occur after a trial, allowing its interim release pending legal proceedings if the owner proves non-involvement in unl....
The court held that a seized vehicle may be released pending trial if the owner proves lack of knowledge of its illegal use, as per NDPS Act and CrPC provisions.
A vehicle seized under the NDPS Act can be released to the registered owner if no confiscation order has been made.
The court ruled that the conditional release of a seized vehicle should not be denied without valid reasons, emphasizing the need to prevent damage during prolonged custody.
The confiscation of a vehicle used in narcotics offenses under the N.D.P.S. Act can only occur post-trial conclusion, requiring the trial court to assess vehicle release applications on their merits.
The owner of a vehicle seized in connection with an NDPS offence can claim its release if proved unconnected with the crime, emphasizing the need for judicial scrutiny in such cases.
Confiscation of vehicles under the N.D.P.S. Act can only occur post-trial, and trial courts must evaluate release applications on their merits.
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.
The court emphasized that an indefinite seizure of the vehicle would not serve any purpose and that the owner, who had not been implicated as an accused, should be allowed to reclaim the vehicle.
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