IN THE HIGH COURT AT CALCUTTA IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE

21.04.2025

93.

(ct. no.03)

BR CRR 123 of 2025 In the matter of : Md Jamshed @ Md. Jamsad @Jamsad Alam .... Petitioner.

Mr. Arijit Ghosh … For the Petitioner Mr. Nilay Chakraborty, Ld. APP Mr. Tapan Bhattacharjee … for the State.

1. The present application for return of seized vehicle has been preferred against an order dated 10.12.2024 passed in connection with NDPS case No. 93 of 2023, arising out of New Jalpaiguri Police Station case No. 1000 of 2023 dated 10.12.2024 under section 21(C)/23(C)/29 of Narcotics Drugs and Psychotropic Substances Act, 1985, by the learned Judge, Special Court, under NDPS Act, 1^st Court, Jalpaiguri.

2. It appears from the materials on record that petitioner herein was granted bail vide an order dated 5.11.2024 in CRM (NDPS) No. 442 of 2024.

3. Vide an order dated 2.8.2024 a Co-ordinate Bench granted the prayer for release of the principal vehicle in the present case bearing Registration No. NL 01-AD-

1747 on certain terms and conditions. Petitioner herein prays for return of the vehicle being Mahindra Pick Up van(white) bearing No. WB 59C/5444.

4. On hearing the parties and on perusal of the materials on record including the FIR in the present case it appears that the contraband articles in the present case was recovered and seized from the truck bearing No. NL 01-AD-1747. The prosecution case is that the contraband articles was to be shifted from the said truck to the Mahindra Pick Up van having registration No. WB 59C/5444. It has been categorically stated in the First Information Report that on search the narcotics in the present case was recovered from the truck and was shown as seized from the possession of the detained persons which includes the petitioner herein who was subsequently released on bail.

5. Charge sheet in the present case has been filed and a supplementary charge sheet along with the Forensic Science Report has also been filed.

6. 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.”

7. 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 Ju