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HARSH BUNGER
Charan Jeet – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsh Bunger, J.
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing/setting aside order dated 27.09.2022 passed by learned Special Judge, Fatehabad, in case FIR No.267 dated 14.06.2021 registered under Sections 21 -B/27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act") and Section 51 -B of the Disaster Management Act, at Police Station City Fatehabad, whereby, the application of the petitioner seeking release of Motor Cycle (make 'Hero Splendor') bearing Registration No.HR-22P-0501, on sapurdari was dismissed.
2. Succinctly, the above said case FIR No.267 dated 14.06.2021 was registered regarding alleged recovery of 40 grams of heroin contained in polythene pouch from accused Vikram @ Bikkar, who was riding motorcycle in question and was apprehended and the above said motorcycle was taken into possession by the police.
3. Petitioner being the registered owner of the said motor cycle, filed application for release of her motor cycle on sapurdari, which was opposed by the State on the ground that as per police report, the said vehicle is involve
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 maint....
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.
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....
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 established the principle that the trial court has the power to release a seized vehicle to the registered owner in interim custody, citing the absence of a provision in the NDPS Act restri....
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