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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Ajay Kumar, Son of Raktu Sah – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. overview of seizure of a vehicle in drug case (Para 1 , 2) |
| 2. arguments for and against the petitioner's vehicle release (Para 3 , 4 , 5) |
| 3. explains laws regarding seizure and disposal under ndps act (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. jurisdiction of special court on interim vehicle custody (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. decision to allow interim release of the vehicle (Para 26 , 27 , 28 , 29) |
JUDGMENT :
JITENDRA KUMAR, J.
Introduction
1. The present Criminal Revision petition has been preferred by the Petitioner against the impugned order dated 03.09.2021 passed by the Court of learned Vth Additional Sessions Judge, Muzaffarpur, in N.DP.S. Case No. 117 of 2020, whereby learned Court below has rejected the application of the petitioner for releasing the motor car bearing Registration No. BR06BR-4759, Chesis No.MA3CZF63 SJG 388620, Engine No. K12MN223620, which has been seized by the police in connection with Gaighat (Benibad O.P) P.S. Case No. 375 of 2020, registered on for offence punishable under Section 399 , 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act and Sections 20/22 of N.D.P.S. Act again
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....
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.
The court emphasized that the ownership of seized vehicles cannot be ignored and must be adjudicated by a Special Court to ensure fairness and justice.
The court reaffirmed that the jurisdiction to grant interim custody of vehicles seized under NDPS Act lies with the Special Court, ensuring owners' rights are protected during proceedings.
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
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....
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