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SUDESH BANSAL
Balraj @ Dhillu – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Sudesh Bansal, J. - This petition under Section 482 CrPC has been filed challenging the order dated 17.02.2024, passed by the Additional Sessions Judge, Chirawa, Jhunjhunu whereby petitioner's application filed under Section 451 Cr.PC to release the vehicle Motorcycle bearing No. RJ-18-KS-5351 seized in FIR No.29/2024 registered at Police Station Surajgarh, District Jhunjhunu for offences under Sections 8/20 of the NDPS Act, has been dismissed and the vehicle in question on Supurdgi has not been released.
2. Counsel for petitioner submits that the petitioner is registered owner of the vehicle in question, which was seized in the present criminal case, arising out of FIR No.29/2024 registered at Police Station Surajgarh, District Jhunjhunu. Counsel submits that the learned trial Court fell in illegality in declining to release the conveyance in the light of Section 52(A) NDPS Act which in fact deals with the recovered contraband. Section 60 deals with the recovery of conveyance and procedure of confiscation and disposed of the conveyance is provide in Section 63. There is no other rival claimant to take custody vehicle in question on Supurdgi and petitioner is ready to abide b
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 court established the principle that the trial court has the power to release a seized vehicle to the registered owner in interim custody, citing the absence of a provision in the NDPS Act restri....
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 established that while the statutory burden on the owner to save the seized conveyance from confiscation had not been discharged, the release on superdari of the impounded vehicle was maint....
THE COURT HAS THE DISCRETION TO GRANT INTERIM CUSTODY OF A VEHICLE SEIZED UNDER THE NDPS ACT DURING TRIAL, CONSIDERING THE EXCEPTION PROVIDED UNDER SECTION 60(3) OF THE ACT, WHICH ALLOWS FOR THE RELE....
The court ruled that a vehicle seized under the NDPS Act can be released on interim custody unless the owner is implicated in the unlawful use, affirming the application of Sections 451 and 457 of th....
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.
There is no specific bar/restriction under provisions of NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in interim, pending disposal of crimin....
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