IMPORTANT POINT
Seized vehicles can be returned to owners under conditions that prevent their use in illegal activities, as per established legal precedents.

JUDGMENT :

Ajay Kumar Gupta, J.

1. The petitioner being the owner of the vehicle No. WB 32J-4623 has filed this revisional application challenging the propriety, legality and correctness of an order dated 12.12.2022 passed by the Learned Judge, Special Court, Tamluk, Purba Medinipur in connection with NDPS Case No. 18 of 2022, under Sections 20(b)(ii)(c)/25/29 of NDPS Act, 1985 arising out of Egra P.S. Case No. 735/22 dated 13.10.2022 pending before the aforesaid court, thereby the learned Court below refused to return the vehicle bearing No. WB 32J-4623 along with its seized documents to the registered owner holding therein that if the vehicle would be released, this vehicle will further use to carry Ganja or any type of illegal activities.

SUBMISSIONS ON BEHALF OF THE PETITIONER:

2. Learned counsels appearing on behalf of the petitioner submitted that the petitioner is the registered owner of the vehicle being registration No. WB 32J-4623 bearing Chasis No. MA3FSEB1S00529308, Model Name Swift Dzire Tour BS Ltd., registered on 16th June, 2016 and Tax valid upto 15th June, 2026, having licence being no. WB-3120110874048 issued dated 14. 02.2011. The vehicle used to park in front of his residence crossing the main road with few other vehicles. It is stated that on the date of incident his vehicle was parked in the same manner as it used to park daily with two other vehicles, namely, one Red OD-SX4 and one White Duster belongs to other owner.

3. It is further submitted that one Pintu Nandi is the authorised paid driver of the vehicle owned by the petitioner as the petitioner remains ill due to several physical ailments. The said Pintu Nandi also a paid driver of the Red OD-SX4 vehicle stated above. On the date of incident i.e. 13.10.2022, the above stated three vehicles were parked as stated above, the investigating agency upon source information, searched three cars parked in the said place and seized sufficient commercial quantity of contraband from the vehicle, White Duster parked thereof.

4. It is further submitted that at the time of searching, the contraband was seized. There were no accused present in the said place or inside the vehicle. Later, it came to the knowledge of the petitioner that the accused, from whose vehicle the contraband was seized, fled away. It is pertinent to mention that when the contraband was seized, petitioner’s vehicle was parked 50 meters away from other two cars and the same is reflected in the order dated 12.12.2022 and it was admitted in the submissions of the prosecution. Subsequently, a notice was served upon the petitioner under Section 133 of the Motor Vehicles Act and same was duly complied by the petitioner time and again and investigating officer seized his vehicle implicating his vehicle as contraband carrier only to exert money from the petitioner.

5. It is further contended that on 13.12.2022, a suo motu complaint was lodged by one Astami Sahu, S.I. of Egra Police Station, stating, inter alia, that on the date of incident upon information they seized commercial quantity of contraband from one White Duster and could not arrest the accused as he fled away from the place of incident. Subsequently, Pintu Nandi was arrested with some commercial quantity of ganja and subsequently taken into custody in connection with the present case.

6. It is further contended that the petitioner was nowhere connected in the present case neither he is an FIR named nor his involvement is found in this case. He has been implicated into this case as his vehicle is being used by the accused, namely, Pintu Nandi and was taken into custody with commercial quantity of contraband goods.

7. There was no involvement of the petitioner but the vehicle of the petitioner was seized on the basis of co-accused’s statement alleging that the said vehicle was used as a carrier of ganja. The petitioner made an application for return of seized vehicle before the Court of Learned Additional District and Sessions Judge, Court SPL, Cour