Confiscation of a vehicle used in a narcotics case cannot occur before trial completion, ensuring the preservation of property rights.

O R D E R

In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the accused in Crime No.2/2011 of Agali Forest Station, for offence under Section 20 (b)(ii) of Narcotic Drugs and Psychotropic Substances Act and owner of Mahindra Economy 1999 model vehicle bearing Reg.No.KL-7Y-4651, seeks an order to quash Annexure A2 order declining the petition filed by the petitioner under Section 451 of the Code of Criminal Procedure.

2. The plea of the petitioner is that if the vehicle is kept under the sun and rain, by the time when the trial is over, the vehicle would be fully damaged and in the event the petitioner is found not guilty and acquitted, he would be put to irreparable loss and hardship. The special judge dismissed the petition on concluding that the vehicle was used for transporting contraband article concealed in separate cabin which was specially made and that the vehicle is liable to be confiscated under Section 60 (3) of the Narcotic Drugs and Psychotropic Substances Act . In declining the petition, the learned Sessions Judge had also noticed that a petition is pending consideration before this court. According to the petitioner there is no such petition pending before this court. Therefore, the order impugned is highly erred.

3. Having heard either side, I find that there is no provision for confiscating the vehicle before the conclusion of the trial. Therefore, for confiscation, prosecution has to wait for conclusion of trial. Admittedly, the vehicle is now parked in the premises of the forest station and it is subject to sun and rain. There is every likelihood of it getting decayed. The investigation is not so far completed and it is not known as to when the final report would be submitted.

4. In the above circumstances, it would be quite appropriate to release the vehicle on such terms and conditions so as to ensure production of the same in running condition before the trial court on conclusion of the trial, in the event the vehicle is found liable to be confiscated.

In the result, this petition is allowed. While setting aside the order impugned, there will be an order to release the vehicle to the petitioner on his executing a bond for Rs. 3,00,000/- (Rupees three lakhs) with two solvent sureties each for the like amount to the satisfaction of the Sessions Judge. The Sessions Judge shall ascertain the capacity of the sureties to remit the bond amount, in the event the bond is liable to be forfeited.

P.S.GOPINATHAN JUDGE

DSV/-