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1999 Supreme(MP) 984
IN THE HIGH COURT OF MADHYA PRADESH
USHA SHUKLA, J.
Khalil Ahmad Ansari - Appellant
Vs.
State of M.P. - Respondents
Cr. Revn. No. 1520 of 1998(J)
Decided On : 14-05-1999
Headnote:(1) Criminal Procedure Code, 1973 – S. 457 – case under NDPS Act – seized truck likely to he damaged – ultimate confiscation of truck not enough to detain truck for indefinite period.
(2) Narcotic Drugs and Psychotropic Substances Act, 1985 – S. 60 and 63 – truck seized for the offence under the Act – may he released on Suparadnama.
Short Note
1. This revision petition is against the order of the Special Judge, Jabalpur dated 13.11.1998 refusing to release the truck of the petitioner on supradnama.
2. The truck in question was engaged in transporting rice when it was checked by the police on 5.11.1998. Concealed with the bags of rice, a jute bag containing 20 kg. of Ganja was seized. Driver Alim has been prosecuted under the Narcotic Drugs and Psychotropic Substances Act (for short called 'the NDPS Act').
3. It is argued on behalf of the petitioner that the contraband Ganja was being transported without his knowledge and against his instructions. The owner is prepared to give security and abide by the terms and conditions which may be imposed. The trial is likely to take a long time and keeping the truck idle will result in irreparable loss to the owner.
4. Heard parties. It is true that the conveyance carrying contraband is liable to confiscation under the NDPS Act, but that does not mean that the vehicle can be allowed to remain at the police – station for indefinite period during the trial. The trial may take a considerable time and it would be proper to release the vehicle on supradnama of the registered owner on suitable terms and proper security.
5. The petition is, therefore, allowed. The trial Court is directed to release the truck on Supradnama of the registered owner with proper security and on suitable terms keeping in mind section 60/63 of the NDPS Act.
