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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Sohan Singh @ Soni – Respondent
| Table of Content |
|---|
| 1. commercial quantity charas recovery triggers arrests and seizures. (Para 2) |
| 2. civil courts lack jurisdiction over ndps financial probes. (Para 3) |
| 3. trial court released vehicles despite investigation objections. (Para 4 , 5) |
| 4. ndps chapter v-a enables seizure of illicit property. (Para 6 , 7) |
| 5. freezing order under s.68f confirmed, appeal pending. (Para 8 , 9) |
| 6. courts cannot release ndps-frozen vehicles. (Para 10 , 11) |
| 7. release orders quashed in revision. (Para 12) |
JUDGMENT :
Sushil Kukreja, Judge
Both these revision petitions have been preferred by the petitioner(s)/State under Section 438 read with Section 442 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, BNSS) against the impugned orders dated 01.10.2024, passed by the learned Special Judge-II, Kangra at Dharamshala, HP in Cr.MPs No.1165 & 1166 of 2024.
2. It has been averred by the petitioner(s)/State that FIR No.211/23, dated 23.12.2023, under Section 20 & 29 of NDPS Act was registered at Police Station Jawali against accused Shyam Lal (respondent No.2 in Cr. Revision No.835/2024) on the allegation that charas weighing 1.043 KG was recovered from the vehicle bearing registration No.HP37H-0393 being own
Trial courts lack jurisdiction to release property frozen under NDPS Act Section 68F after confirmation by competent authority; challenge lies before Appellate Tribunal under Section 68O.
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.
Acquittal from drug charges leads to mandatory release of seized properties under Section 68Z(2) of the NDPS Act.
The confiscation of a vehicle used in narcotics offenses under the N.D.P.S. Act can only occur post-trial conclusion, requiring the trial court to assess vehicle release applications on their merits.
Confiscation of vehicles under the N.D.P.S. Act can only occur post-trial, and trial courts must evaluate release applications on their merits.
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.
Confiscation of vehicles under the NDPS Act must follow the prescribed procedural safeguards; failure to provide a hearing renders the order illegal.
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 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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