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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Union Of India – Appellant
Versus
Gurpreet Singh – Respondent
JUDGMENT :
Anoop Chitkara, J.
Challenging the release of the vehicle on superdari by the trial Court, bearing registration No. PB-05N-5677 (Maruti Van) vide order dated 16.09.2021, petitioner-UOI has come up before this Court by filing the present petition under Section 401 CrPC.
2. I have heard counsel for the parties, and its analysis would lead to the following outcome.
3. The relevant facts to decide the present petition are taken from the complaint (Annexure P-1) filed by the NCB, as per which, on 06.05.2019, specific information was received by an Intelligence Officer about Gurpreet Singh (respondent herein) that he is having a massive quantity of contraband and is going to sell the same to Jasvir Singh. Based on this information, NCB spotted the i20 Car and, from dicky of the car, recovered contraband prescribed under NDPS Act. The NCB seized the contraband and the car, and an investigation was carried out. After that, the abovesaid Maruti Van belonging to the respondent was also seized along with the contraband found from the dicky of the van.
4. The respondent Gurpreet Singh, filed an application (Annexure P-2) before the Additional Sessions Judge, Ludhiana, for the release of
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.
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.
Interim release of a vehicle seized under the N.D.P.S. Act is permissible unless the owner fails to prove lack of knowledge regarding its use in the crime.
Seizure of vehicle carrying narcotic drugs – Owner of vehicleis not entitled to get Supurdagi of vehicle.
A vehicle seized under the NDPS Act can be released to its registered owner if no confiscation order has been issued, provided ownership is substantiated.
Confiscation of vehicles under the NDPS Act must follow the prescribed procedural safeguards; failure to provide a hearing renders the order illegal.
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