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DEVENDRA KACHHAWAHA
Kanhaiya Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present revision petition has been preferred under Section 397 read with Section 401 Cr.P.C. on behalf of the petitioner-applicant against the order dated 21.01.2021 passed by the learned Special Judge, NDPS Cases No. 2, Chittorgarh in Misc. Application No. 03/2021, First Information Report No. 133/2020, Police Station Parsoli, District Chittorgarh [Sessions Case No. 95/2020 (State of Rajasthan Vs. Jasmail Kaur & Ors.), registered for the offences punishable under Section 8/15, 25, 29 of the NDPS Act in which, the vehicle, Hero Splendor registration No. RJ 09 SQ 3851, was seized. By the impugned order, the learned Trial Court has rejected the application for release of the vehicle.
2. Heard learned counsel for the petitioner/applicant as well as learned Public Prosecutor.
3. Learned counsel for the petitioner/applicant stated that the petitioner is the registered owner of the vehicle in question (registration certificate is available at page number 28 of the charge-sheet); that the learned Trial Court has rejected the application seeking release of the vehicle in question on the ground that the vehicle was involved in illegal transportation of the poppy-straw whereas, it
A registered owner of a vehicle seized under the NDPS Act may reclaim it upon fulfilling certain conditions, despite its involvement in illegal activities.
The court has the discretion to allow the release of a seized vehicle in favor of the petitioner on interim custody till the conclusion of the trial, subject to specified terms and conditions, based ....
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 main legal point established is the reliance on the judgment of the Supreme Court in Sunderbhai Ambalal Desai, which emphasizes the release of seized vehicles to their owners and the requirement ....
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.
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.
The main legal point established in the judgment is that a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be released in favor of its registered owner, even if they....
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