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HARPREET SINGH BRAR
Krishan Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background of arrest and recovery (Para 1 , 2) |
| 2. arguments on release of seized property (Para 3 , 4) |
| 3. court's reasoning on property disposal (Para 5 , 6 , 7) |
| 4. set aside of lower court’s order (Para 8) |
| 5. final instructions for cash release (Para 9 , 10) |
JUDGMENT :
Harpreet Singh Brar, J.
Present petition has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) read with Sections 451 & 457 of Cr.P.C. [now Section 528, 497(1), 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) respectively] seeking quashing of impugned order dated 09.08.2021 (Annexure P-4) passed by learned Additional Sessions Judge, Karnal, in FIR No.331 dated 23.07.2019 under Sections 15 , 25 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), registered at Police Station Butana, District Karnal, vide which application filed by the petitioner to release the cash amount of Rs.4,50,000 on supardari was dismissed.
2. Succinctly, facts of the case are that on 23.07.2019, the police while patrolling from Karnal to Taraori identified one black coloured Splender Plus motorcycle bearing registration No.HR
Seized cash can be released pending trial, as no provision in the NDPS Act bars interim custody; courts must evaluate based on necessity and property owner rights.
Provisions under Section 457 of Code property which has been seized by police under provision of Code and has not been produced before criminal Court during an inquiry or trial, Magistrate may make s....
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 determination of whether the recovered money was drug-related should be made during the trial, and keeping the money with the prosecution agency would devalue it.
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