IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 26.08.2025 Date of decision:28.08.2025 Neelam Sharma and ors. …... Petitioners V/s Narcotic Control Bureau, Chandigarh ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Parmod Bhardwaj, Advocate, for Mr. Agam Jund, Advocate, for the petitioner.

Mr. Sourabh Goel, Spl. Public Prosecutor with Ms. Deify Jindal, Advocate, for the respondent.

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JASJIT SINGH BEDI, J. (Oral)

The present revision petition has been filed against the order dated 20.02.2019 passed by the Court of Special Judge (NDPS), Fatehgarh Sahib in a complaint case NCB Crime No. 06/2014 dated 16.02.2014, under section 8, 18 & 60 of NDPS Act 1985, Narcotic Control Bureau, Sector 25 Chandigarh, Zonal Unit, whereby two applications, one for superdari filed by the petitioners and one for confiscation of car filed by respondent has been decided by a single order and which is liable to be set aside being unsustainable.

2. The brief facts of the case are that one Kuldeep Sharma (since deceased) was arrested on 16.02.2014 for the illegal possession and transportation of 7.040 kgs. of opium which was seized from a car. On conclusion of the investigation, a complaint bearing NCB Crime No.06/2014 dated 16.02.2014 under Sections 8, 18 & 60 of the NDPS Act, 1985 was filed by the respondent before the Court of Special Judge, Fatehgarh Sahib. A copy of the complaint is attached as Annexure P-1 to the petition. During the Trial, Kuldeep Sharma expired on 08.06.2016 while in custody. The Trial proceedings were dropped/abated on 22.09.2016 upon his death.

3. On 05.07.2016, an application for confiscation of the white coloured Volkswagen Vento Car bearing No.PB-11AT-0026 was filed under Section 60(3) of the NDPS Act.

4. On notice, a reply was filed by the petitioners being legal heirs of the deceased-Kuldeep Sharma. Simultaneously, another application was filed by the petitioners claiming themselves to be Class-I legal heirs of the deceased-Kuldeep Sharma and prayed for the release of the said car alongwith certain other articles belonging to the deceased on the grounds that the deceased-Kuldeep Sharma had expired on 08.06.2016 and the Trial stood abated qua him.

5. The aforementioned applications came to be decided vide impugned order dated 20.02.2019 passed by the Special Judge (NDPS), Fatehgarh Sahib wherein the claim of the petitioners was rejected and the application for confiscation of the vehicle in question was allowed.

6. It is the aforementioned order dated 20.02.2019 which is under challenge in the present petition.

7. The learned counsel for the petitioners contends that the vehicle was in the ownership of Kuldeep Sharma who died while in custody. The Trial stood abated qua him on 22.09.2016. Once the Trial itself never took place on account of the death of the accused-Kuldeep Sharma, the question of confiscation of the vehicle does not arise. Therefore, the same is liable to be released to the petitioners who are admittedly the Class I legal heirs of the deceased-Kuldeep Sharma.

8. The learned counsel for the respondent-NCB, on the other hand, contends that the vehicle was confiscated under Section 60(3) of the NDPS Act. Therefore, the vehicle is liable for confiscation. Whether the accused is convicted, acquitted or discharged, the only requirement in law is that the person who claims to be the owner thereof has a right of hearing prior to confiscation. In the instant case, the petitioners were given an opportunity of hearing after which the confiscation took place. Therefore, the present petition is liable to be dismissed.

9. I have heard the learned counsel for the parties.

10. Before proceeding further, it would be apposite to refer to the provisions of Section 60 and 63 of the NDPS Act which are reproduced hereunder:-

Section 60 of the NDPS Act: Liability of illicit drugs, substances, plants, articles and conveyances to confiscation. 2[(1) Whenever any offence punishable under this Act has