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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.PUJAHARI
Budata Mohan Rao – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. details of seizure and involvement in crime (Para 2 , 4) |
| 2. obscured ownership claims in n.d.p.s cases (Para 5 , 6) |
| 3. arguments regarding lawful ownership and release (Para 7 , 8) |
| 4. procedural provisions regarding seized goods (Para 9 , 10) |
| 5. law governing disposal of narcotics-related property (Para 11 , 12) |
| 6. limitations on post-trial confiscation (Para 13 , 14) |
| 7. court's assessment on interim release provisions (Para 15 , 16) |
| 8. final orders on release and auction of goods (Para 17 , 18) |
ORDER :
S.PUJAHARI, J.
1. In the wake of the pandemic Covid-19, the case is taken up through V.C.
2. Both the criminal revisions are interlinked inasmuch the orders impugned thereby relate to refusal of release of the cashew kernels seized by the Adava police in connection with Adava P.S Case No.74 of 2020 registered for alleged commission of offence punishable under Sections 20 (b)(ii)(C), 25 and 29 of the N.D.P.S Act. The learned Special Judge- cum-Sessions Judge, Gajapati-Paralakhemundi (under N.D.P.S. Act) has passed the impugned orders in exercise of power under Section 457 of Cr.P.C. and as such both the criminal revisions are taken up together and disposed of by this commo
Mere possession may not require ownership for interim release of property under Cr.P.C.; lawful possession is essential, especially when the property is not liable for post-trial confiscation.
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 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....
Confiscation and release of vehicle – Decision regarding confiscation of any article can be taken only by Special Court and only after conviction, acquittal or discharge – There is no provision for p....
The Special Court under the NDPS Act can grant interim custody of seized vehicles, provided the owner proves non-involvement in the offence, despite potential confiscation.
The court reaffirmed that the jurisdiction to grant interim custody of vehicles seized under NDPS Act lies with the Special Court, ensuring owners' rights are protected during proceedings.
The court emphasized that the ownership of seized vehicles cannot be ignored and must be adjudicated by a Special Court to ensure fairness and justice.
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