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HARPREET SINGH BRAR
Vijay Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
1. Present application has been filed under Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), Section 498 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) read with Section 528 of BNSS for staying the confiscation of car bearing registration No. HR-25C-9870, Swift, white shade, which has already been released on superdari by learned trial Court.
FACTUAL MATRIX AND CONTENTIONS
2. Learned senior counsel for the applicant-appellant contends, inter alia, that in light of Section 51 of the NDPS Act, provisions of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) (now BNSS) shall apply to the seizure of any article or vehicle, provided they are not repugnant to the provisions of NDPS Act. It is argued that while the NDPS Act imposes a specific bar on the release of a seized vehicle, provisions of Sections 451 , 452, and 457 of Cr.P.C. are not inconsistent with the NDPS Act. Therefore, in view of the enabling provision contained in Section 51 of NDPS Act, these provisions must be applied to all cases of seizure and confiscation. Section 51 of NDPS Act reads as follows:
Confiscation of vehicles under the NDPS Act must follow the prescribed procedural safeguards; failure to provide a hearing renders the order illegal.
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....
The main legal point established in the judgment is that the power to decide the claim of a person regarding a seized conveyance lies with the special court under Section 60 and 63 of the NDPS Act, a....
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....
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 NDPS Act allows for the interim release of a seized vehicle unless the owner is implicated, provided due process is followed.
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 confiscation of a vehicle used in narcotics offenses under the N.D.P.S. Act can only occur post-trial conclusion, requiring the trial court to assess vehicle release applications on their merits.
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