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SHAMPA DUTT (PAUL)
Premjit Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The revision is heard in presence of the learned counsel for the State.
2. This revision is against an order dated 22.07.2022 passed by the learned Additional Session Judge, 1st Court, Cooch Behar (NDPS), in connection with NDPS Case No. 90 of 2021 under Section 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substance Act arising out of Dinhata Police Station Case No. 428 of 2021 dated 20.08.2021.
3. The petitioner’s case is that he is the registered owner of a vehicle being Maruti Suzuki celerio VXI bearing No. WB 64X 8226. The petitioner’s said vehicle was seized by the police authority and the present petitioner was arrested along with one Majidul hoque. They were later released on bail by virtue of the Hon’ble court order dated 17.12.2021.
4. The prosecution case under the Narcotic Drugs and Psychotropic Substance Act was registered as Dinhata Police Station Case No. 428 of 2021 dated 20.08.2021 in respect of which the alleged truck was seized which was illegally carrying such contraband articles along with the two persons who were in possession of the said alleged truck. It appears from the seizure list that the petitioner’s vehicle has
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.
The court's decision emphasized the importance of adhering to the legal provisions of the Code of Criminal Procedure and following the guidelines set by the Supreme Court in similar cases.
When ownership of a seized vehicle is not in dispute, the court should exercise its powers under S. 497 and S. 503 BNSS to release the vehicle on conditions to prevent it from decaying in custody, ra....
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.
Property seized in criminal proceedings should not be allowed to deteriorate in police or court custody; Magistrates must exercise discretionary power to release such property to the rightful owner p....
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