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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Rajesh Kumar Sahu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. the prosecution's case involving the transport of contraband. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner argues against vehicle forfeiture due to ownership and lack of involvement. (Para 7) |
| 3. court evaluates the need for pre-trial disposal of seized vehicles. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conditions set for the vehicle's release to the petitioner. (Para 15) |
| 5. conclusion of the court, disposing of the crlrev. (Para 16 , 17 , 18) |
JUDGMENT :
S.K.Panigrahi, J.
1. The Petitioner has filed this CRLREV challenging the order dated 01.08.2024 passed by the Learned Additional Sessions Judge, Phulbani in CRLMC No.06 of 2024. He further seeks a direction from this Court for release of his vehicle on appropriate terms and conditions, as deemed fit by this Court.
I. CASE OF THE PROSECUTION:
2. The prosecution’s case can be summarized as follows:
(i). On 30.03.2023, at 5:40 AM, the Phiringia Police Station received reliable information about individuals transporting contraband (ganja) in an auto-rickshaw. The suspect vehicle (Atul Passenger Auto, OD-12-B-6726) was intercepted near Kaliasahi and found to contain 78.7 kg of ganja in 11 carry bags.
(ii). The contraband was seize
The court established that vehicles seized under NDPS Act must be disposed of per legal procedures and cannot remain in prolonged custody, as it leads to deterioration and serves no legal purpose.
Release of seized vehicle – Prolonged retention of seized vehicles in police custody serves no meaningful purpose and results only in their gradual deterioration and depreciation.
The court acknowledged that vehicles seized in NDPS cases should not be retained indefinitely, establishing guidelines for interim release to prevent deterioration and ensure lawful ownership.
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....
A registered owner of a vehicle seized in connection with a narcotics offence, who is not an accused, is entitled to interim custody of the vehicle, subject to meeting certain conditions to ensure co....
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.
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 that the Special Court has the authority to grant interim custody of a vehicle seized under the NDPS Act if the owner proves lack of knowledge of its use for illegal activities.
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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