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MALASRI NANDI
Union Of India – Appellant
Versus
Tejinder Singh S/o Shri Inderjeet Singh – Respondent
JUDGMENT :
Heard Mr. S.C. Keyal, learned Standing Counsel for the Directorate of Revenue Intelligence. Also heard Mr. N. Sharma, learned counsel for the respondent.
2. The petitioner has filed an application under Section 482 Cr.P.C., 1973, against the order dated 13.06.2022 passed by the learned Sessions Judge, Kamrup(M), Guwahati in Misc. Case No. 67/2022, whereby the learned Sessions Judge has allowed the zimma of TATA truck bearing Regd. No. JK-02-BL-8199 to the owner of the vehicle which was seized in connection with DRI Case No. 02/CL/NDPS/GANJA/DRI/GZU/2022-23 dated 08.04.2022.
3. The brief fact of the case is that a specific intelligence was received from the Directorate of Revenue Intelligence(DRI), Lucknow on 07.04.2022 to the effect that a truck bearing Regd. No. JK-02-BL-8199 was transporting huge quantity of cannabis(ganja) hidden beneath the cover load of rubber and the said truck was proceeding from Tripura. On receipt of the information, a team of DRI officers started keeping surveillance and vigil in the said truck which was coming from Jorabat side. On the next date i.e. on 08.04.2022, the DRI officers spotted a truck bearing Regd. No. JK-02-BL-8199 coming from Jorab
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The main legal point established in the judgment is that the trial court has the discretion to grant interim custody of a vehicle seized under the NDPS Act under Section 451 of the Cr.P.C., and there....
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 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.
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....
The ownership of a vehicle seized under NDPS Act must be respected if the owner proves lack of knowledge of its illegal use; interim custody can be granted subject to conditions.
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