The central legal point established in the judgment is the court's authority to release a vehicle involved in the transportation of contraband articles to the owner for an interim period, subject to specific conditions and undertakings.

JUDGMENT :

A. S. Naidu, J. - The dispute centres round as to whether during the pendency of a proceeding under Section 20 (b) (ii) (B) of the N.D.P.S. (Amendment) Act, a vehicle involved in transportation of contraband articles can be released in favour of the owner under Section 457. Code of Criminal Procedure

2. By the impugned order dated 23.3.2002, the learned Addl, Sessions Judge-cum-Judge, Special Court, Jharsuguda in T.R. No. 1 of 2002 declined to release the Petitioner who claims to be the owner of the said vehicle on the ground that the possibility of re-using the vehicle again for transporting the contraband articles cannot be ruled out. Admittedly the said vehicle was caught red-handed when transporting Ganja.

3. The learned Counsel for the Petitioner submitted that the vehicle was used for the purpose of transporting the contraband articles without his knowledge and contravening the directions issued by him. It is further forcefully submitted that if the vehicle is released in his favour, he would undertake to maintain the same in proper condition and produce the same as and when required and would abide by the final decision of the proceeding. At the other hand, learned Counsel for the State opposed the said submission and contended that in consonance with the provisions of Sub-section (3) of Section 60 of the N.D.P.S. Act, the vehicle in question is liable to be confiscated to the State and if the same is released during the pendency of the trial, it would not only cause great prejudice to the prosecution, but also encourage further mis-use of the vehicle.

4. Sub-section (3) of Section 60 of the N.D.P.S. (Amendment) Act specifically stipulates that any article or vehicle used for the purpose of commission of an offence under the said Act is liable for confiscation. In other words, the said article or vehicle must be before the Court at the time of trial and also at the end of the trial for the purpose of passing necessary orders. But then, the vehicle in which the contraband articles were transported should be kept in safe custody, so that when the same is confiscated and put to auction, that would fetch maximum price. If the vehicle is, however, allowed to remain at the police station without any care and subjected to rain and sun, its condition will deteriorate and even if at the end of the trial an order of confiscation is passed, the same would not be beneficial to the State. Thus, according to me, what is required during the pendency of the trial is to make adequate arrangement for maintenance of the vehicle which would be kept in proper condition and ensure its production in course of trial as and when required and/or at the end of the trial if the Court so requires.

5. After taking into consideration the facts and circumstances and the submissions made, in the light of the ratio of the decision of this Court in the case of Abhay Kumar Satpathy v. State of Orissa 2002 (22) OCR 362 and Angrej Singh v. State of Rajasthan 3 (1992) CCR 2575 as well as the decision of the Supreme Court in the case of Ashok Kumar Vs. State of Bihar and Others in the interest of the parties, while setting aside the impugned order, I direct that:

(i) The trial Court shall examine the documents produced by the Petitioner and if it will be satisfied that the Petitioner is the owner, shall release the Maruti Van in question bearing registration number DL-3-C-A-1754 in favour of the Petitioner for an interim period subject to the coalition that he furnishes cash security of Rs. 30.000/- (Thirty thousand) property security to the tune of Rs. 50,000/- (Fifty thousand) and two sureties each for the like amount to the satisfaction of the trial Court and with the condition that the offending vehicle shall be produced before the trial Court as and when the Court directs to do so;

(ii) the Petitioner shall not transfer or dispose of the offending vehicle to any one else and shall not make any change in its body, colour or Engine. It is needless to s