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.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Instant Criminal Revision has been preferred against the order dated 10.4.2024 passed by Additional District and Session Judge, Court no. 6, Azamgarh in Criminal Misc. Case No. 01 of 2024 arising out of Case Crime No. 161 of 2023, under section 8/20 N.D.P.S. Act, P.S. Tarwan, District Azamgarh. By the impugned order trial court has dismissed the release application filed by the revisionist claiming himself as registered owner of truck bearing Registration No. U.P. 21-AN-5992. The said truck/ container has been seized by the police on 22.6.2023 under Section 8 /20 N.D.P.S. Act on charges of carrying illicit Ganja of 20 Kg 500 gram quantity. The revisionist was arrested by police from the truck and said contraband and Rs. 3,52,000/- Cash were recovered from his possession.

2. Heard learned counsel for the revisionist, learned AGA for the State and perused the record.

3. Learned counsel for the revisionist submitted that revisionist has been falsely implicated in the case. He is registered owner of the truck and which is only source of livelihood of the revisionist. The revisionist has already been released on bail in Case Crime No.161 of 2023, under Section 8 /20 of Narcotic Drugs and Psychotropic Substance Act, Police Station Tarwa, District Azamgarh by this Court on 17.8.2023 in Criminal Misc. Bail Application No. 34627 of 2023 whereby revisionist has been released on bail in said offence on the ground that procedure prescribed in the Rule 10(1) of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 have been violated. The police has seized the truck of the revisionist and fraudulently framed case under Section 8 /20 NDPS Act. There is no report regarding initiation or pendency of proceedings under sections 60 and 63 NDPS with regard to said contraband. The vehicle of the revisionist has been wrongly seized by the trial court without assigning any cogent reason and by cryptic manner impugned order has been passed which is not sustainable under law. The revisionist has no criminal history to his credit prior to alleged incident.

4. It is further submitted that the vehicle was never used in transportation of illicit contraband under NDPS Act. The utility and serviceability of the vehicle is being rapidly deteriorated due to its parking at police station campus in unattended manner for such a long period and there is danger of its being rusted and inserviceable. He undertakes to maintain the character and colour of the vehicle if same is directed to be released in favour of the revisionist by the order of this Court. He undertakes to produce the vehicle on the direction of the Court on his own expenses. The revisionist has wrongly been made accused in the case and vehicle has been seized in violation of mandatory provisions of the act. The vehicle has not been confiscated as yet by the competent court in the NDPS, Act. Therefore, it is prayed that the vehicle may kindly be released in favour of the revisionist.

5. Lastly, in support of his contention, learned counsel for the revisionist placed reliance on judgement of Hon'ble Supreme Court passed in Sunderbhai Ambalal Desai vs State of Gujarat reported in 2002 (10) SCC 283 and a judgement of this Court passed in Matter Under Article 227 No. 3077 of 2023 ( Kanhaiya Yadav vs. State of U.P. and Another ).

6. Per contra learned A.G.A. opposed the prayer for release of the vehicle and submitted that no illegality or perversity in the impugned order passed by the trial court, by which release application filed by the applicant has been dismissed. It is further submitted that revisionist was arrested from the spot and from his possession 20 kg 500 gram Ganja which is above the commercial quantity, has been recovered. The revisionist is registered owner of the alleged vehicle.

7. Section 20 NDPS Act provides punishment for contravention in relation to cannabis plant and cannabis which reads as unde