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SHAMPA DUTT (PAUL)
Rajat Gossai – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for setting aside of the Judgment/Order dated 07.04.2022 relating to confiscation of vehicle bearing No. WB 69A-3209, passed by the learned Additional Sessions Judge, 1st Court, Cooch Behar (NDPS) in NDPS Case No.92 of 2020.
2. The petitioner’s case is that the petitioner made an agreement with one Rajib Barman, son of Khijen Barman of Ruiyerkuthi, Vetaguri, Police Station-Dinhata, District-Cooch Behar, Pin-736134 to rent out his vehicle to Rajib Barman and the said Rajib Barman was using the vehicle.
3. The petitioner came to know in June, 2022 from a reliable source that Rajib Barman had been entangled with a false case which was registered as Kotwali Police Station Case No.403 of 2022 dated 25.09.2020 under Section 20(b)(ii)(c) of The Narcotic Drugs and Psychotropic Substances Act, 1985 and the same numbered as NDPS Case No.92 of 2020. The investigating authority after completion of the investigation, filed a charge sheet under Section 20(b)(ii)(c) of The Narcotic Drugs and Psychotropic Substances Act, 1985. Charge was framed, Trial commenced and after completion of the trial, Rajib Barman was acqui
The discretion available to the court under Section 451 of the Code of Criminal Procedure is a judicial one and must be exercised judiciously, not arbitrarily.
Confiscation of vehicles under the NDPS Act must follow the prescribed procedural safeguards; failure to provide a hearing renders the order illegal.
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 may order the return of seized vehicles under NDPS Act if the owner proves no involvement in the offense, subject to specific legal conditions.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
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....
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.
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