Under the NDPS Act, the owner of a seized conveyance must prove that it was used in commission of the crime without his knowledge or connivance to avoid confiscation. Additionally, disposal of seized items must be handled by the Drug Disposal Committee.

JUDGMENT :

1. This revision petition, under Sections 401/397 of the Code of Criminal Procedure, is directed against the order dated 09.03.2022, passed by the learned Addl. Sessions Judge, FTC, Cachar, Silchar, in NDPS Case No. 09/2019, and also against the order dated 18.01.2022, passed by the learned Addl. Sessions Judge, FTC, Cachar, Silchar, in NDPS Case No. 09/2019, corresponding to Departmental Case No. 04/CL/NDPS/DRI/SIL/2018-19, dated 07.01.2019. It is to be noted here that vide impugned order, dated 09.03.2022, the learned Addl. Sessions Judge, FTC, Cachar, Silchar, has directed Directorate of Revenue Intelligence (DRI) to arrange for disposal of Truck bearing registration No. HR55-P-3867 (HR-69-B-7255) observing all the legal formalities and by putting it to public auction, after wide publicity of such auction and shall also prepare the inventory and ascertain the minimum valuation from authorized Govt. Officer of Transport Department. And vide order dated 18.01.2022 the Addl. Sessions Judge, FTC, Cachar, Silchar, has rejected the petition filed by the petitioner - Shri Devender Kumar, seeking interim custody of Truck bearing registration No. HR-55-P-3867 (HR-69-B-7255) seized in connection with the aforementioned case.

2. The factual background, leading to filing of the present petition, is briefly stated as under:

'Acting on a tip off the Officers of the Directorate of Revenue Intelligence, Silchar Sub-Regional Unit with assistance of Custom Officials and BSF personnel intercepted a twelve wheeler Truck displaying a fake registration No. HR-55-P-3867, instead of the actual Registration No. HR-69B-7255 (with Engine No. FYPZ118673 & Chassis No. MB1KYC1FPYN3463) near Hilara Railway Crossing, Cachar on 07.01.2019, at around 20.00 hrs. and found it carrying 424.500 kg of semi compress dry cannabis, outwardly covered/sealed with cello tape in the shape of a rectangular block, of worth Rs. 37,55,500/(Rupees Thirty Seven Lakhs Fifty Five Thousand Five Hundred) only, in a secret chamber and effected seizure vide seizure case No. 04/CL/NDPS/DRI/SIL/2018-19, dated 07.01.2019, under section 43(a) of the NDPS Act, 1985, as amended for contravention of the provision of section 8 of the Act. Also it has arrested two persons, namely- Bheem Singh Rawat- driver of the Truck and one Abhay Kumar, Khalashi for commission of the offence under section 20 read with section 29 of the Act. Thereafter, investigation was carried out and a complaint was lodged before the Chief Judicial Magistrate, Cachar, Silchar on 08.01.2019. While the trial was going on before the learned Addl. Sessions Judge, FTC, Cachar, Silchar, the petitioner had filed one petition before the learned Addl. Sessions Judge, seeking custody of the seized Truck, but the learned court below vide impugned order dated 18.01.2022 has dismissed the prayer after hearing both the parties. Then after conclusion of trial, the learned court below, vides impugned order dated 09.03.2022 had directed the Directorate of Revenue Intelligence (DRI) to arrange for disposal of Truck bearing registration No. HR-55-P-3867 (HR-69-B-7255), observing all the legal formalities and by putting it to public auction.'

3. Being highly aggrieved, the petitioner has approached this court by filing the present petition on the ground that the learned court below had passed the impugned orders without application of judicial mind and without considering the fact that the petitioner is the legal owner of the vehicle and there is no dispute regarding the same and that he possessed all the relevant documents and that confiscation proceeding has to be started only after conclusion of trial and that the learned court below has failed to consider the provision of section 60, 60(3) as well as section 63 of the NDPS Act, and that the petitioner, being owner of the vehicle, is not an accused, and therefore, it is contended to allow the petition.

4. The respondent has filed its objection, dated 15.05.2022, wherein it is st