Severity of the offence or potential confiscation of the vehicle should not be grounds for denial of interim custody under the NDPS Act.

ORDER

1. The petitioner has preferred this criminal revision petition under Section 397 & 401 Cr.P.C against the order dated 26.11.2021 passed by learned Special Judge NDPS Cases No. 1, Chittorgarh in Criminal Misc. Case No.868/2021 (CIS No. 184/2021) in connection with FIR No.204/2021 registered at Police Station Chanderiya District Chittorgarh for the offences under Section 8/15 of the N.D.P.S. Act, whereby the prayer to release the seized Tata truck bearing No. HR 55 W 1770, original RC and Insurance on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, on search, Police found 9 kg of poppy husk etc. without having any license or permit from the truck bearing number HR 55 W 1770.The trial court has rejected the application filed under Section 451 Cr.P.C. by the petitioner seeking interim custody of the subject vehicle on the ground of severity of offence and possessing the narcotic substance by the petitioner.

3. Heard learned counsel for the parties and perused the material available on record as well the order impugned.

4. Learned counsel for the petitioner while praying for interim custody of the subject vehicle submits that the petitioner is entitled for interim custody of the vehicle in question, original RC and Insurance. The learned counsel for the petitioner has relied upon the judgment rendered n the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

5. Per contra, learned Public Prosecutor while supporting the order impugned passed by the trial court, prays for rejection of the revision petition.

6. Having heard the rival submissions and perusal of the record, in the considered opinion of this Court, the interim custody of the vehicle alleged to be used in committing the offence of NDPS Act cannot be denied on the ground of severity of offence. It is also settled legal proposition of law that interim custody of the vehicle cannot be denied on the ground that it is liable to be confiscated, in case the offence is proved against the accused. As per prosecution story, the vehicle was found in possession of the petitioner.

7. Keeping in mind the judgment of the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat (supra), there is no reason to deny interim custody of the vehicle to the owner or person entitled to get possession of the vehicle. If the vehicle is allowed to be kept in the police station for an indefinite period, then value of the vehicle shall be diminished substantially and it may not remain in usable condition. In the above circumstances, the prayer of the petitioner deserves to be allowed.

8. Consequently, the revision petition is allowed. The impugned order dated 26.11.2021 passed by learned trial court is set aside and Tata truck bearing registration No. HR 55 W 1770, original RC and Insurance are ordered to be released on 'supurdagi' in favour of the petitioner till completion of the trial on the following conditions:-

(a) the petitioner shall furnish a personal bond in the sum of Rs. 10,00,000/- with two sureties of Rs. 5,00,000/- each to the satisfaction of the trial court undertaking to produce the vehicle aforesaid in the Court as and when required to do so.

(b) the petitioner shall get the vehicle aforesaid photographed showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

(c) the personal bond of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bond of sureties shall further carry the photographs of persons identifying them before the Court, which is with full residential particulars of the sureties and the persons identifying them.

(d) the petitioner