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HARPREET SINGH BRAR
Krishan Kumar – Appellant
Versus
State of Haryana – Respondent
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-05-AU-1458 and on reaching adjacent to them, co-accused threw a heavy bag on the footpath, from which poppy husk weighing 02 kg and 100 grams was recovered. Thereafter, in the disclosure statement made by Sukhbir @ Bittu and Rakesh (co-accused), it was alleged that the petitioner
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.
The court ruled that the conditional release of a seized vehicle should not be denied without valid reasons, emphasizing the need to prevent damage during prolonged custody.
A vehicle used in an NDPS Act offence can be released on superdari even if the applicant is not the registered owner, provided effective ownership is established.
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