IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ACHAL KUMAR PALIWAL
Praveen Kumar Tiwari – Appellant
Versus
State Of M.P. – Respondent
ORDER :
ACHAL KUMAR PALIWAL, J.
1. This criminal revision has been filed under Section 438 read with Section 442 of BNSS Act assailing order dated 29.08.2024 passed in MJCR case No. 1632/2024 passed by Additional Special Judge (NDPS) Rewa, whereby applicant's application under Section 457 of Cr.P.C.( Section 503 of ) for releasing/giving vehicle Scorpio bearing registration No. MP-19-BB-1917 on Supurdagi has been dismissed.
2. Learned counsel for the applicant submits that learned Trial Court has dismissed applicant's application solely on the ground that impugned vehicle is liable to be confiscated under provision of NDPS Act and in the instant case, investigation has not been completed. Trial Court has wrongly dismissed applicant's application. Learned counsel for the applicant, after referring to provision of Section 63 of NDPS Act as well as order passed by the Coordinate Bench of this Court in M.Cr.C. No. 38089/2021 ( Surendra Dhakad Vs. State of MP ) vide order dated 13.01.2022, in Cr.R. No. 2971/2019 ( Manoj Kumar Vs. State of MP ) vide order dated 27.08.2019 and in Cr.R. No. 3530/2021 ( Rahul @ Anurag Chourasiya Vs. State of MP ) vide order dated 14.03.2022, submits that a
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 NDPS Act allows for the interim release of a seized vehicle unless the owner is implicated, provided due process is followed.
Confiscation and release of vehicle – Decision regarding confiscation of any article can be taken only by Special Court and only after conviction, acquittal or discharge – There is no provision for p....
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....
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
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 Special Court under the NDPS Act can grant interim custody of seized vehicles, provided the owner proves non-involvement in the offence, despite potential confiscation.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
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.
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