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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAM MANOHAR NARAYAN MISHRA
Matloob Husain – Appellant
Versus
State of U.P. – Respondent
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
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.
The Magistrate/Special Judge has the power to consider the application for interim custody of the vehicle under the provisions of Section 451 and 457 of Cr.P.C., and the Drug Disposal Committee does ....
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.
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.
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 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.
A registered owner of a vehicle seized in connection with a narcotics offence, who is not an accused, is entitled to interim custody of the vehicle, subject to meeting certain conditions to ensure co....
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....
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