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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Kashi Nath Mishra, S/o. Chandra Shekhar Mishra – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. vehicle involved in carrying prohibited drugs. (Para 3 , 4) |
| 2. confiscation of the vehicle under ndps act. (Para 5 , 10) |
| 3. conditions for vehicle release and trial court discretion. (Para 11 , 12) |
| 4. court's decision to allow vehicle release. (Para 13 , 14) |
| 5. final order for release of the vehicle. (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 filed on behalf of the petitioner for quashing the order dated 16.03.2023 passed by the learned 15th Additional Sessions Judge, Bhagalpur in NDPS Special P.S. Case No. 66/2021 in NCB Crime No. 20 of 2021 by which the learned court below was pleased to rejected the petition filed by the petitioner for release of the vehicle of the petitioner bearing registration no. NL 01K 1622 which was seized by the NCB in NCB crime no. 20 of 2021.
3. The brief facts of this case is that one 18 wheeler heavy weight troller (Truck) bearing Reg. No. NL 01K 1622 which belongs to this petitioner found involved in carrying 350 Kg of “Ganja” which is 17.5 times more than commercial quantity of “Ganja”. The “Ganja” is a prohibite
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.
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....
If the vehicle has not been confiscated and no proceeding of confiscation could be started, even after a laps of one year, it is open to the concerned Court to exercise its jurisdiction under Chapter....
Seized vehicles can be returned to owners under conditions that prevent their use in illegal activities, as per established legal precedents.
The proper procedure for confiscation and release of a vehicle under the N.D.P.S. Act must be followed, as outlined in Section 52A(1) and Section 63.
Seized vehicles must be released to owners when there are no pending confiscation proceedings, emphasizing timely judicial action under the NDPS and Cr.P.C.
The NDPS Act mandates strict conditions for the interim custody of seized vehicles, especially when the owner is implicated in the offence.
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