25.04.2025 Sl. No. 31 Court No.3 BM IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION CRR 470 of 2024 Harendra Singh Vs.

The State of West Bengal Mr. Hillol Saha Poddar … for the petitioner Mr. Niloy Chakraborty Mr. Sourav Ganguly … for the State

1. The petitioner herein has prayed for modification of the judgment and order dated 29.09.2022 passed by the learned Judge, Special Court (under the Narcotic Drugs and Psychotropic Substance Act, 1985) Cum Additional Session Judge, 1st Court, Coochbehar in connection with NDPS Case No.01 of 2022, arising out of Dinhata Police Station Case No.07 of 2022, dated 01.01.2022, under Section 21(c)/23(c)/27A/29 of the NDPS Act, 1985, to the extent regarding return of the seized vehicle of which he is the registered owner. The vehicle is a 12 wheeled truck being registration No.RJ-05–GB-2828.

2. It appears that the learned trial court has confiscated the vehicle in the present case.

3. It also appears from the judgment under challenge that the petitioner herein Harendra Singh was one of the accused persons before the trial court and vide the judgment under challenge all the accused persons including the present petitioner Harendra Singh have been found not guilty of the offences as charged and have been acquitted from the said charges in the present case.

4. Section 451 of the Code of Criminal Procedure, lays down:-

“451. Order for custody and disposal of property pending trial in certain cases.- When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Explanation.- For the purposes of this section,"

property" includes-

(a) property of any kind or document which is produced before the Court or which is in its custody, (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.”

5. Section 452 of the Code of Criminal Procedure, lays down:-

“452. Order for disposal of property at conclusion of trial.-

(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

(2) An order may be made under sub- section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without sureties, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub- section (1) is modified or set aside on appeal or revision.

(3) A Court of Session may, instead of itself making an order under sub- section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub- section (2), an order made under sub- section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section, the term" property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property int