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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey
Bhuneshwar Rajwade, S/o Jagsaay – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks interim custody of seized vehicle. (Para 1 , 2) |
| 2. arguments on the application of ndps act provisions. (Para 3 , 4) |
| 3. court's analysis on vehicle confiscation process. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. interpretation of jurisdiction and applicability of crpc. (Para 12 , 13 , 14 , 15) |
| 5. court's decision on interim custody granted. (Para 16 , 17 , 18) |
ORDER :
Rakesh Mohan Pandey, J.
1. This petition under Section 482 of the Cr.P.C. is directed against the order dated 09.12.2021 passed by the learned Sessions Judge Surajpur (C.G.) in Criminal Revision Case No. 21/2021 by which the petitioner's application under Section 457 of Cr.P.C. for grant of interim custody of the vehicle seized for commission of offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act), has been rejected finding no merit.
2. The petitioner is registered owner of Motorcycle bearing registration No. CG 15-DH-7396, which was found involved in the commission of offence punishable under Section 20 (b) of the NDPS Act. He filed an application under Section 457 of Cr.P.C. for interim custody of the aforesaid vehicle
The court ruled that provisions for interim custody under CrPC Sections 451 and 457 apply, despite NDPS Act confiscation risk, allowing for interim release of vehicles involved in drug-related offenc....
Interim custody of a vehicle seized under the NDPS Act can be granted to the owner if ownership is not disputed and there is no bar under the NDPS Act on the Courts to order for interim custody of a ....
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....
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 jurisdiction of the court to grant interim custody of a vehicle seized under the NDPS Act is still available, irrespective of the proceedings initiated under Section 52A of the NDPS Act.
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.
Interim custody of vehicles seized under the NDPS Act requires establishing owner complicity; vehicle can be returned without cash security.
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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