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ANIL KUMAR UPMAN
Jai Traders – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner has preferred this misc. petition under Section 482 Cr.P.C. challenging the order dated 23.10.2029 passed in misc. application No. 382/2019 by learned Special Judge (NDPS Act Cases) and Addl. Sessions Judge No. 1, Beawar arising out of FIR No. 73/2019 PS Vijay Nagar, Ajmer for offence under Section 8/15 of the NDPS Act whereby the application of the petitioner for releasing the goods/articles (paper scrap) which were being transported in Truck No. PB 13 AR 9773 and seized by the police in connection with the aforesaid FIR, has been rejected.
2. Learned counsel for the petitioner submits that on 05.03.2019, an FIR No. 73/2019 was registered at Police Station Vijay Nagar, Ajmer for offence under Section 8/15 of NDPS Act in connection with recovery of contraband opium dodapost chura (powder) from truck No. PB 13 AR 9773. Learned counsel submits that the petitioner engaged Satpal Transport Company for consigning his goods and his goods were also being transported in the said truck. During investigation, the police also seized the goods (paper scrap) of the petitioner lying in the truck at that time. The petitioner moved an application for releasing the aforesaid
The court allowed the petition for the release of seized goods, emphasizing the petitioner's non-involvement in the crime and the perishable nature of the goods.
If the vehicle has not been confiscated and no proceeding of confiscation could be started, even after a laps of one year, it is open to the concerned Court to exercise its jurisdiction under Chapter....
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.
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 court held that a seized vehicle may be released pending trial if the owner proves lack of knowledge of its illegal use, as per NDPS Act and CrPC provisions.
Seized vehicles must be released to owners when there are no pending confiscation proceedings, emphasizing timely judicial action under the NDPS and Cr.P.C.
Seized vehicles can be returned to owners under conditions that prevent their use in illegal activities, as per established legal precedents.
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