22.04.2025 CALCUTTA HIGH COURT Court No.3 IN THE CIRCUIT BENCH AT JALPAIGURI Item No.75 S.M.

CRR 158 of 2025 Md. Shafik @ Md. Shafieque @ Md. Shafeeq @ MO Shafik Vs.

The State of West Bengal Mr. Arijit Ghosh …..for the petitioner Mr. Aditi Shankar Chakraborty, ld. APP Mr. Abhijit Sarkar .…for the State

1. The present revisional application has been preferred praying for setting aside of an order dated 17.03.2025 passed by the learned Judge, Special Court, (under NDPS Act,) 1st Court, Jalpaiguri, in connection with NDPS Case No. 51 of 2017, arising out of New Jalpaiguri Police Station Case No. 968 of 2017 dated 28.11.2017 under Section 20(b)(ii)(c)/23(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2. The petitioner’s case is that he is the owner of a Tata Ten wheeler Truck bearing number UP 83T/3596, registration date 24th June, 2008 along with one Salim Khan and their name has also been registered as the owner of the vehicle UP 83T/3596. Registering authority is Ferozabad, Uttar Pradesh.

3. It appears that the petitioner is an accused in New Jalpaiguri P.S. Case No. 968/2017 dated 28.11.2017 in which the petitioner’s vehicle being UP 83T/3596 has been seized as it was allegedly carrying narcotics.

4. Learned counsel for the State has raised strong objection against the prayer for return of the vehicle. It appears that charge sheet in the present case has been submitted on

31.03.2018.

5. 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.”

6. 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