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IN THE HIGH COURT OF ALLAHABAD
Manjive Shukla, J.
Baldhir – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. vehicle confiscation (Para 2 , 3) |
| 2. consideration of merits (Para 6 , 7 , 8) |
| 3. confiscation procedure (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 21) |
| 4. revision allowed (Para 20) |
JUDGMENT :
1. Heard Sri Sangam Lal Kesharwani, learned counsel appearing for the revisionist and Sri Brijendra Pratap Singh, learned Additional Government Advocate appearing for the State.
3. Facts of the case, in brief, are that the revisionist is registered owner of Innova Car bearing Registration No. HR78-3205. The police recovered ten grams of smack from the aforesaid vehicle while the revisionist was moving in the said vehicle. The police had registered a criminal case as Case Crime No. 509 of 2021 under Section 8/21 of the N.D.P.S. Act, 1985 in Police Station Gangoh, District Saharanpur. The Investigating Officer, after collecting evidence against the revisionist, had filed Charge- Sheet before the competent court in respect of the offence committed by the revisionist punishable under Section 8/21 of the N.D.P.S. Act, 1985.
5. Learned Special Judge (N.D.P.S.)/Additional District and Sessions Judge, Court No. 12, Saharanpur had passed an order on 20.06.2023 whereby, the application filed b
Confiscation of vehicles under the N.D.P.S. Act can only occur post-trial, and trial courts must evaluate release applications on their merits.
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.
Seized vehicles must be released to owners when there are no pending confiscation proceedings, emphasizing timely judicial action under the NDPS and Cr.P.C.
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 vehicles involved in narcotics offenses should not be released during trial, emphasizing strict enforcement of confiscation provisions under the NDPS Act.
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 owner of a vehicle seized in connection with an NDPS offence can claim its release if proved unconnected with the crime, emphasizing the need for judicial scrutiny in such cases.
The ownership of a vehicle seized under NDPS Act must be respected if the owner proves lack of knowledge of its illegal use; interim custody can be granted subject to conditions.
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
There is no specific bar/restriction under provisions of NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in interim, pending disposal of crimin....
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