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 maintainable during the trial to prevent decay and deterioration.

JUDGMENT

Sureshwar Thakur, J. (Oral) - CRM-25664-2022

The instant application has been filed for preponing the date of hearing of main case from 05.09.2022 to some earlier date.

For good, and, valid reasons recorded in the application, the same is allowed, and, the main case is taken up on Board today.

CRM-M-14356-2022

1. The petitioner is an accused in FIR No.404 of 25.08.2021, registered at Police Station City Tohana, District Fatehabad, whereins an offence constituted under Section 18 of NDPS Act, becomes embodied.

2. In the FIR (supra), an allegation is raised against the present petitioner, that at the relevant time, he was riding a motorcycle, and, on his becoming apprehended, at the crime site, by the police, and, from his personal search being made, by the investigating officer concerned, hence 250 grams of opium became recovered, from the right pocket of the lower of the present petitioner.

3. At the crime site, the crime motorcycle also became impounded. However, subsequently the present petitioner, who is the accused in the FIR (supra), is also the registered owner of the crime motorcycle, hence instituted an application under Section 451 of Cr.P.C., before the learned trial Judge concerned, and, claimed relief for the crime motorcycle being released, on superdari to him, rather during the pendency of the trial.

4. However, the learned trial Judge concerned, through a dis- affirmative order made thereons, and, as embodied in Annexure P-1, obviously declined the relief (supra), to the present petitioner. The present petitioner- accused in FIR (supra), becomes aggrieved from the making of Annexure P-1, and, is led to constitute thereagainst the instant petition before this Court.

5. The invalidity of the impugned order, as, made by the learned trial Judge concerned, is no longer res integra, as this Court through a decision made, on 12.05.2022, respectively upon CRR-333-2020, and, upon CRR-844- 2022, has held, in the relevant paragraphs 3 to 10 thereof, paragraphs whereof becomes extracted hereinafter, that the above drawn reason is completely legally infirm, and, thereafter had proceeded to release, on superdari, to the petitioner therein, the appositely seized vehicle.

"3. The learned State counsel has vehemently argued, before this Court, that the declinings of the above reliefs to the petitioner, is valid, and, is not liable to be interfered with by this Court. She banks the afore argument, upon the provisions, as contained in Section 60, and, Section 63 of the NDPS Act, 1985 (for short 'Act'), provisions whereof became extracted hereinafter, for hence making their studied, and, circumspect evaluation.

"60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.-

1 [(1) Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.]

(2) Any narcotic drug or psychotropic substance [or controlled substances] lawfully produced, imported inter- State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance [or controlled substances] which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance [or controlled substances], materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation.

(3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance [or controlled substances], or any article liable to confiscation under sub-section (1) or subsection (2) shall be liable to confiscation, u