An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.

JUDGMENT

1. By means of filing this application under Section 482 of the Code of Criminal Procedure, 1973, owner of the offending vehicle has sought for quashing the order dated 29.07.2022 passed by the learned Special Judge (NDPS), Sepahijala District, Bishalgarh in case No. Special (NDPS) 16 of 2022 whereby the learned Special Judge has declined to release the offending vehicle in favour of the owner.

2. The owner has sought for release of the vehicle on the ground of his innocence claiming that he had no idea about the misuse of his vehicle by the driver.

3. On behalf of the prosecution, it was submitted before the learned trial court that an extra chamber was made in the cabin of the vehicle for concealing the contraband which was not possible without the knowledge and connivance of the owner. The learned PP, therefore, argued before the trial court that owner's plea of innocence was not at all believable. The learned trial court having considered the facts and given circumstances of the case rejected the claim of the owner with the following observations:

'Having regard to the facts and circumstances, submissions of both the sides and the fact that there was an extra secret chamber made for carrying the contraband concealed in the seized vehicle and such a secret chamber could not have been made without the owner's direction or knowledge and that he did not comply with the notice of the I/O to appear while the case was under investigation, I do not believe that the owner was totally innocent or having no knowledge about the illegal use of the vehicle without his connivance, the prayer for release of the seized vehicle is hereby rejected.'

4. The petitioner, being the owner of the offending vehicle, has challenged the said order of the trial court by filing this petition.

5. The relevant facts necessary for disposal of the case, are as under:

Srikanta Chakraborty, SI of Police of Bisramganja Police Station lodged a suo moto written FIR with the Officer In Charge of his police station on 27.01.2022, alleging inter alia, that pursuant to a secret information he spotted the truck bearing registration No. PB 13 U 9843 at Bisramganj on its way from Melaghar at around 7.30 a.m on 27.01.2022. The vehicle along with its driver was detained and a search was carried out in the said vehicle. During the search, 215 kg dried 'ganja' in plastic packets was recovered from the vehicle in presence of the SDPO and cash currency and also 2 fake registration plates were also recovered from the possession of the driver of the vehicle. BRG P.S. case No.2022 BRG 007 under Sections 20 (b)(iii)(c), 25,27 and 29, NDPS Act was registered against the driver and the vehicle was seized by drawing a formal seizure list.

6. After investigation, charge sheet No.17 of 2022 dated 21.06.2022 was filed against accused Md. Khushnoor Alam under various provisions of the NDPS Act as well as for the violation of different provisions of the Motor Vehicles Act. It has been indicated in the charge sheet that during investigation, police has come to know that registered owner of the vehicle is Md. Abdul Kalim son of Md. Jan of Shivaishingpur of PS-Mohaddinnagar, Samstipur, Bihar and actual registration No. of the vehicle is BR06G7004. At the time of committing the offence driver fitted and displayed fake registration No.PB-13-U- 9843.

7. Owner Abdul Kalim filed a petition before the learned trial court along with an affidavit sworn before the notary on 08.07.2022 fo