IMPORTANT POINT
A vehicle seized in connection with a narcotics investigation may be released to its owner if it is not subject to confiscation, provided the owner complies with certain conditions to ensure the vehicle's availability for legal proceedings.

JUDGMENT :

Ravindra Maithani, J.

The revisionist proposes to challenge the order dated 03.07.2023, passed in Miscellaneous Release Application No.184 of 2023, State of Uttarakhand Vs. Bhaskar Bajetha, which pertains to FIR No. 193 of 2022, under Sections 8/21/27/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Pulbhatta, District Udham Singh Nagar, by the court of Special Judge, NDPS, District Udham Singh Nagar. By it, an application for release of a motorcycle, bearing registration no. UK04 AJ 9467 (“the vehicle”), has been rejected.

2. Heard learned counsel for the parties and perused the record.

3. The revision is delayed by 254 days, as reported by the Registry.

4. Learned State Counsel has no objection if the delay is condoned.

5. Having considered the grounds for delay, this Court is of the view that the delay may be condoned.

6. The delay is condoned.

7. The Delay Condonation Application IA No.1 of 2024 is allowed accordingly.

8. Heard on merits.

9. It appears that the vehicle bearing registration no. UK04 AJ 9467, was detained by the police in FIR No. 193 of 2022, under Sections 8/21/27/29/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Pulbhatta, District Udham Singh Nagar. The revisionist, being owner, moved an application for its release, which has been rejected.

10. In fact, the impugned order reveals that 2 persons were arrested with smack in their possession while they were riding the vehicle.

11. Learned counsel for the revisionist would submit that the vehicle is parked in the open place in the police station; the revisionist is owner of it. He would submit that subject to certain conditions, the vehicle may be released in his favour.

12. Learned State Counsel would submit that subject to certain conditions, the vehicle may be released in favour of the revisionist.

13. It is not the case of the prosecution that the vehicle is to be confiscated or any proceedings have been initiated. It has merely been taken into custody with regard to the investigation in the matter.

14. In view of it, this Court is of the view that subject to certain conditions, the vehicle may be released in favour of the revisionist.

15. Let the vehicle, bearing registration no. UK04 AJ 9467, be released to its registered owner, the revisionist, subject to his furnishing a personal bond and one surety to the satisfaction of the court concerned. It shall be subject to the following conditions:-

(i) The revisionist shall not sell or transfer the ownership of the vehicle during the pendency of the case, without prior permission of the court.

(ii) The revisionist shall not make any structural modification in the vehicle during the pendency of the case, without prior permission of the court.

(iii) As and when required by the police or the court, the revisionist shall produce the vehicle at his own expenses.

16. The revision is allowed, accordingly.