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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Kamminlen Touthang S/o Solet Touthang – Appellant
Versus
Directorate of Revenue Intelligence, Silchar – Respondent
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. S.C. Biswas, learned for the petitioner. Also heard Mr. D. Borah, learned Sr. SC, DRI.
2. This revision petition is directed against the order dated 06.062025 passed in Departmental Case No.07/CL/NDPS/DRI/SIL/2024-2025 rejecting the Zimma of the said vehicle by the learned Sessions/Special Judge – Cachar, Silchar.
3. The facts of the case may be briefly stated:-
That, the Directorate of Revenue Intelligence (DRI), Silchar Sub-Regional Unit, Silchar, acting on specific intelligence shared by DRI Guwahati Zonal Unit, had intercepted the impugned Mahindra TUV300 T8 MHA vehicle bearing Registration No. AS 02 Z2315 at approximately 20:45 hours on 03.02.2025 at the Ramnagar area of Cachar District of Assam when the vehicle was on its way to Silchar from Aizawl, assisted by Assam Rifles Personnel and in presence of independent witnesses. At the time of interception, the said vehicle was found to be proceeding towards Silchar from Aizwal.
That, rummaging of the said vehicle conducted under videography in the presence of the driver, Panchas and Assam Rifles personnel had resulted in recovery of 9 rectangular-sized packets from the body cavity of th
The court ruled that a seized vehicle used in drug trafficking remains with authorities until the owner discharges the reverse burden of proof, emphasizing the safeguarding of evidence for trial.
Release of seized vehicle – Seized vehicles can be confiscated by trial court only on conclusion of trial when accused is convicted or acquitted or discharged – Seized vehicle is not liable to confis....
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.
The owner of a vehicle seized in connection with an NDPS offence can claim its release if proved unconnected with the crime, emphasizing the need for judicial scrutiny in such cases.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
Seized vehicles must be released to owners when there are no pending confiscation proceedings, emphasizing timely judicial action under the NDPS and Cr.P.C.
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
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