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RAJASTHAN HIGH COURT
Rameshwar Vyas, J.
Ashok - Appellant
Versus
State of Rajasthan - Respondent
S. B. Criminal Revision Petition No. 645/2020
Decided On : 10-11-2021
Narcotics - Vehicle Confiscation - N.D.P.S. Act Sections 8, 18, 60 - The court interpreted the provisions of the N.D.P.S. Act, emphasizing that vehicle confiscation occurs post-judgment unless the owner proves lack of knowledge, influencing the decision to allow interim release.
Fact of the Case:
The petitioner sought the release of a vehicle seized during a narcotics investigation, where he was found with opium. The trial court denied the request, citing potential confiscation under the N.D.P.S. Act.
Finding of the Court:
The court found that the trial court's rejection of the release application was incorrect, as interim release should not be denied solely based on the vehicle's seizure under the N.D.P.S. Act.
Issues: Whether the trial court erred in denying the release of the vehicle seized under the N.D.P.S. Act pending trial.
Ratio Decidendi: The court held that interim release of a vehicle seized under the N.D.P.S. Act cannot be denied based solely on the seizure, especially when the owner is registered and the trial may take considerable time.
Result: The petition is allowed; the vehicle is ordered to be released on supurdagi until trial completion.
JUDGMENT
The petitioner has preferred this criminal revision petition under Section 397/401 of Cr.P.C. against the Order dated 04.09.2020 passed by the Special Judge, N.D.P.S. Act Cases, Jodhpur in Criminal Case No. 237/2020 pertaining to FIR No. 134/2020 registered at the Police Station Basni, District Jodhpur for the offence under Section 8/18 of N.D.P.S. Act, whereby the prayer to release the seized Maruti Swift Dzire car on supurdaginama in favour of the petitioner, has been rejected.
As per the facts of the case, on 23.06.2020, during the course of Nakabandi, the petitioner was found with 1.600 kgs. Opium being carried by him in the subject swift car, upon which, the criminal case was registered against him under the provisions of the N.D.P.S. Act. After investigation, the charge-sheet was filed against the petitioner under Section 8/18 of the N.D.P.S. Act. During investigation, the accused-petitioner filed an application under Section 457 of Cr.P.C. seeking release of seized vehicle on supurdaginama, which has been rejected by the trial court vide order impugned dated 04.09.2020 on the ground that the subject car is liable to be confiscated under the provisions of the N.D.P.S. Act and the possibility of using the subject vehicle again in committing the offence cannot be ruled out. Being aggrieved with the above order, this revision petition has been filed by the petitioner.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record as well as order impugned.
As per provisions of Section 60 of the N.D.P.S. Act, the vehicle used in carrying the narcotic substance can be confiscated only after the final judgment of the case. In appropriate circumstances e.g. if the owner succeeds to prove that it was used without knowledge or connivance of the owner himself, then it would not be necessary to order confiscation of the vehicle. In these circumstances, it would not correct on the part of the trial court to reject the application on the ground that the vehicle is liable to be confiscated.
Now, it is well settled that interim release of vehicle cannot be denied on the ground that the vehicle has been seized under the N.D.P.S. Act. In the present case, it is not in dispute that the petitioner is registered owner of the Maruti Swift Desire Car No. RJ-43-CA-0918 as mentioned in the order impugned. The trial of the case is likely to consume sufficient time to complete. If the vehicle is allowed to remain in the custody of the police till completion of the trial, then value of the vehicle shall be diminished substantially and it may be possible that the vehicle may not remain in usable conditions.
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat reported in (2002) 10 SCC 283 also, approves the release of the vehicle on supurdagi in such type of cases.
Learned Public Prosecutor is not in a position to refute the above position.
Relying upon the judgment of the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai (supra), present criminal revision petition is allowed. The impugned Order dated 04.09.2020 passed by the trial court is set aside and the Maruti Swift Dzire Car No. RJ-43-CA-0918 is ordered to be released on 'supurdagi' till the completion of the trial on the following conditions:-
b) the petitioner shall get the Maruti Swift Dzire Car 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 p
Interim release of a vehicle seized under the N.D.P.S. Act is permissible unless the owner fails to prove lack of knowledge regarding its use in the crime.
A vehicle seized under the NDPS Act can be released to its registered owner if no confiscation order has been issued, provided ownership is substantiated.
The interim custody of a vehicle seized under the N.D.P.S. Act cannot be denied solely due to the possibility of confiscation if the owner can prove non-involvement in the crime.
An innocent owner is entitled to interim custody of a seized vehicle pending trial under the NDPS Act, as supported by Section 60(3) of the Act.
The court ruled that the conditional release of a seized vehicle should not be denied without valid reasons, emphasizing the need to prevent damage during prolonged custody.
Confiscation of vehicles under the N.D.P.S. Act can only occur post-trial, and trial courts must evaluate release applications on their merits.
The court ruled that vehicles involved in narcotics offenses should not be released during trial, emphasizing strict enforcement of confiscation provisions under the NDPS Act.
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