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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Mubarik Khan – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present revision petition has been preferred against the order dated 02.09.2023 passed by the Addl. Sessions Judge, Jind whereby the application filed by the petitioner for releasing his vehicle i.e. Scorpio bearing Registration No.MP-09-CV-4289 on superdari has been dismissed.2. The brief facts of the case are that an FIR No.388 dated 18.12.2020 under Section 15 of the NDPS Act, 1985, P.S. Uchana was registered when 414 Kgs of poppy husk was recovered from one Jagrup son of Amar Singh.
3. During the course of investigation, petitioner-Mubarik Khan was joined in investigation and arrested on 26.02.2021. He suffered his disclosure statement and admitted that his vehicle Mahindra Scorpio bearing Registration No.MP09-CV-4289 had been used for drug trafficking and that the said vehicle had been purchased by him by the sale proceeds accumulated by him by selling illicit narcotic/contraband substances.
4. The report under Section 173 Cr.P.C. was presented against some of the accused. Thereafter, further investigation was carried out which culminated in a report under Section 173 Cr.P.C. against a child-in-conflict with law namely, Abhishek.
5. Accused Irfa
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.
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.
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....
A registered owner of a vehicle seized under the NDPS Act may reclaim it upon fulfilling certain conditions, despite its involvement in illegal activities.
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.
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