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2025 Supreme(Online)(MP) 2101
HIGH COURT OF MADHYA PRADESH
BINOD KUMAR DWIVEDI, J
Tukaram – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 14829/2025
Anopam Chouhan,Advocate General
A vehicle used in drug offenses cannot be released to the owner if they are implicated in the crime, as per the NDPS Act.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 60 and 63 - Application for release of vehicle seized in connection with drug offense - Vehicle used for transporting contraband - Court held that vehicle cannot be released on supurdagi when owner is accused of the crime. (Paras 6, 10)
(B) Confiscation of conveyances - The court emphasized that conveyances used for transporting narcotic drugs are liable to confiscation unless the owner proves lack of knowledge of the illegal use. (Paras 7, 8)
Facts of the case:
The applicant was apprehended with 5.25 Kg. of Ganja on 09.01.2025, leading to the seizure of his vehicle, which he sought to recover. The trial court denied the application citing ongoing investigations and potential misuse.
Findings of Court:
The court found that the applicant, being the registered owner and an accused, could not have the vehicle released on supurdagi due to the nature of the offense.
Issues: The main issues were whether the vehicle could be released given the applicant's involvement in the crime and the implications of the NDPS Act regarding confiscation.
Ratio Decidendi: The court ruled that under the NDPS Act, a vehicle used in the commission of a drug offense cannot be released to the owner if they are implicated in the crime, emphasizing the need for the trial court's discretion based on the facts of each case.
Result: Petition dismissed.
ORDER
This petition has filed assailing the order dated 28.02.2025 passed by Special Judge, NDPS Act, Barwani whereby the application filed on behalf of the applicant for releasing Scooter Unicorn A.B.S. bearing registration No.M.P. 46 Z.A. 7876 in favour of the applicant has been dismissed.
02. Brief facts of the case are that on 09.01.2025 on secret information Sub-Inspector posted at Police Station - Barla, Dist. Barwani apprehended Unicorn motorcycle bearing registration No.M.P. 46 Z.A. 7876 with applicant and co-accused David. In search, 5.25 Kg. Ganja was recovered from their joint possession, therefore, Crime No.14/2025 was registered under section 8/20 of NDPS Act and the vehicle was seized.
03. Learned counsel for the applicant submits the order passed by the Court below against the law has been passed without appreciating the facts of the case. Applicant has been falsely implicated in the case. The aforesaid vehicle is not required for investigation purposes as investigation has already been completed. Trial will take time. Confiscation proceedings have been finalized against the applicant before the final decision of the lower Court. In such a situation the order of the refusal of custody of vehicle is bad in law. If the seized vehicle is not given on supurdagi then, the same will deteriorate in lack of proper care and maintenance and will turn into scrap. Applicant will abide by the terms and conditions if the vehicle is handed over to the applicant who is the registered owner of the scooter, therefore, urges the Court for allowing the petition and set aside the impugned order by directing the concerned Court for handing over the possession of the aforesaid vehicle on the terms and conditions as this Court deems fit.
04. Learned counsel for the State opposed the prayer on the ground that contraband cannabis weighing 5.25 Kg. was being transported using this vehicle. If given on supurdagi this vehicle may again be used for the illegal purposes.
05. Heard the learned counsel for the parties and perused the impugned order with the aid of case diary.
06. Section 60 and 63 of NDPS Act which has been referred in the impugned order are extracted as under:-
60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.—
(1) Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca A plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.
(2) Any narcotic drug or psychotropic substance or controlled substances lawfully produced, imported inter - State, exported inter - State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance or controlled substances which is liable to confiscation under sub - section (1) and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance or controlled substances, materials, apparatus or utensils liable to confiscation under sub - section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation.
(3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance or controlled substances, or any article liable to confiscation under sub - section (1) or sub - section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person - in - charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use.
63. Procedure in making confiscations.—(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any ar
