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RAMESHWAR VYAS
Fool Chand Dhakar – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The petitioner has preferred this criminal revision petition under Section 397/401 Cr.P.C against the order dated 13.09.2021 passed by learned Special Judge, NDPS Act Cases No.2, Chittorgarh in Criminal Case No. 209/2021 pertaining to FIR No. 135/2019 registered at Police Station Parsoli, District Chittorgarh for the offences under Sections 8/18 & 8/25 of the N.D.P.S. Act, whereby the prayer to release the seized vehicle on supurdaginama in favour of the petitioner, has been rejected.
2. Learned counsel for the petitioner submits that petitioner is the registered owner of the motorcycle bearing registration No. RJ-09-SW-4855 seized in the FIR No. 135/2019 for the offences under Sections 8/18 & 8/25 of the N.D.P.S. Act. He further submits that learned trial Court grossly erred in rejecting the application seeking interim custody of the motorcycle on the ground that motorcycle is liable to be confiscated under the provisions of the 60 of the N.D.P.S Act.
3. Heard learned counsel for the parties and perused the material available on record as well the order impugned.
4. Having heard the rival submissions and perusal of the record, in the considered opinion of this Court, it is we
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.
The main legal point established in the judgment is that interim custody of a seized vehicle cannot be denied based on the severity of the offence or potential confiscation, and the value and conditi....
Interim custody of a seized vehicle cannot be denied based on the severity of the offence or potential confiscation, and the vehicle should not remain parked in the police station for an indefinite p....
Interim custody of a vehicle cannot be denied on the ground of severity of the offense, and the vehicle should not be permitted to remain parked in the police station as it may lose its value and usa....
Severity of the offence or potential confiscation of the vehicle should not be grounds for denial of interim custody under the NDPS Act.
Interim custody of a vehicle seized under the NDPS Act can be granted to the owner if ownership is not disputed and there is no bar under the NDPS Act on the Courts to order for interim custody of a ....
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