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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Dhan Boro, Son of Late Horen Boro – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
Invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India, the present writ petition is preferred to assail inter alia a direction made by the Intelligence Officer, Narcotics Control Bureau [NCB] & Investigating Officer [I.O] of the case, NCB Crime Case no. 06 of 2018, whereby, the I.O. had directed freezing of one Savings Bank Account no. 125210034195 maintained by the petitioner at Beltola Branch, Guwahati of the Dena Bank. The petitioner has also challenged the actions on the part of the respondent NCB authorities in seizing and blacklisting of four nos. of vehicles belonging to the petitioner, bearing registration nos. [i] AS-01/FC-6769 [Three wheeler goods carriage]; [ii] AS-01/BH-0255 [LMV]; [iii] AS-01/JC-4657 [Bus MPV]; and [iv] [AS-01/JC-2577 [Bus MPV].
2. The events which have led to the issuance of the aforesaid direction to freeze the bank account of the petitioner and resulted in seizure and blacklisting of the afore-mentioned vehicles, belonging to the petitioner, can be narrated at first, in brief.
3. On receipt of an information from a reliable source at the Zonal Office, Guwahati
Acquittal from drug charges leads to mandatory release of seized properties under Section 68Z(2) of the NDPS Act.
Law permits freezing bank accounts linked to alleged crimes, but proper legal procedure including post-trial confiscation must be followed.
The burden of proof lies on the accused to demonstrate that properties are not illegally acquired under the NDPS Act, with the competent authority's findings upheld due to insufficient evidence.
The central legal point established in the judgment is the mandatory nature of the statutory provisions under Section 68-F of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the require....
The court upheld the seizure of properties under the NDPS Act, emphasizing the necessity of demonstrating a direct link between properties and illegal narcotics activities for forfeiture.
Confiscation of vehicle under the NDPS Act requires adherence to procedural fairness, including providing notice and opportunity for hearing to claimants, regardless of their conviction status.
The court may order the return of seized vehicles under NDPS Act if the owner proves no involvement in the offense, subject to specific legal conditions.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
Ownership of a vehicle does not imply knowledge of its use for illegal activities; the NDPS Act allows for property return under specific conditions defined in the Criminal Procedure Code.
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