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SAMEER JAIN
Sanjeev Khokha S/o Late Shri R. K. Khokha – Appellant
Versus
Union of India, through Central Narcotics Bureau (CNB) – Respondent
ORDER :
1. The present petition is filed under the provisions of Section 528 of B.N.S.S. 2023 assailing the order dated 06.11.2017 passed by learned Special Judge (NDPS) District and Sessions Court, Bhawanimandi, Jhalawar in Session Case No. 03/2010.
2. In a nutshell the factual narrative as averred by the learned counsel representing the petitioner is that the petitioner being proprietor of the firm viz. India International Builders (hereinafter referred to as the firm) was engaged in the business of construction ever-since the year 1983. On 13.04.1998 the firm of the petitioner entered into an agreement (Annexure P-3) with M/s SS Constructions (hereinafter referred to as contractors) whereby, the petitioner was entrusted with the work of outsourcing job works to the contractor upon the site of construction. However, the petitioner’s firm suffered a gargantuan loss and in order to settle the debts of the contractor, the petitioner entered into a settlement agreement with the contractor whereby, one car having registration no. DL-4-CH-1763: Maruti Zen (hereinafter referred to as the offending vehicle) inter alia several other machineries, equipment and vehicles was handed over to the
Ownership of a vehicle under the NDPS Act creates a presumption of culpable mental state, which the accused must rebut with substantial evidence.
Ownership of a vehicle does not imply knowledge of its use for illegal activities; the NDPS Act allows for property return under specific conditions defined in the Criminal Procedure Code.
The duty of the Investigating Officer to establish the owner's knowledge or consent for the vehicle to be used in the commission of the offence under Section 25 of the NDPS Act, and the limitations o....
Special Courts under NDPS Act can consider return of property petitions, affirming ownership rights if statutory conditions are met.
The right to a speedy trial is fundamental, but serious allegations under the NDPS Act necessitate the continuation of proceedings despite procedural flaws.
The court may order the return of seized vehicles under NDPS Act if the owner proves no involvement in the offense, subject to specific legal conditions.
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.
Ganja - Power to proceed against other persons appearing to be guilty of offence - Section 319 Cr.P.C. is to be invoked sparingly ensuring that principles of rule of law and the basic tenets of crimi....
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.
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