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AJAY KUMAR GUPTA
Tarun Kumar Majhi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. By filing this revisional application, the petitioner has challenged the propriety, legality and correctness of the impugned Order No. 2 dated 20th April, 2021 passed by the learned Additional Sessions Judge, 3rd Court, Burdwan in Criminal Misc. Case No. 578 of 2021, thereby rejected the prayer of the petitioner for releasing of the seized vehicle being registration No. WB-52 AG-4147 involved in Special Case No. 34 of 2017 arising out of Nandan Ghat Police Station Case No. 180 of 2017 dated 15.07.2017 under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The essential facts of the instant case are relevant for the purpose of disposal of this instant case as under:
2a. The petitioner is an advocate by profession and in the year 2017, he purchased a vehicle, namely, Hyundai Xcent Car being registration No. WB – 52 AG-4147 financed by Axis Bank amounting to Rs. 5,95,796/- payable in 84 months equal instalments at the interest rate 9.50% in connection with the car loan account number AUR000502322954.
2b. It is the contention of the petitioner that the said car was seized by the police in connection with Nandan G
The court established that an acquitted individual has the right to reclaim their property, emphasizing the importance of timely applications under Section 452 of the CrPC.
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....
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'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.
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....
Seized vehicles in criminal proceedings should be released to the rightful owner on conditions, rather than being left in open courts to deteriorate, based on principles of effective property managem....
Interim custody of a seized vehicle under NDPS is justified if the owner proves no knowledge or involvement in illegal acts, respecting natural justice.
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