Seized vehicles not carrying contraband should be released, emphasizing timely justice and the Supreme Court's directive against prolonged retention of such vehicles.

Judgment

08/01/2024

1. The present criminal revision petition has been filed under Section 397 read with Section 401 Cr.P.C. against the order dated 06.10.2023 passed by Special Judge, NDPS Cases, Jaipur Metropolitan-First, whereby the application of the petitioner under Section 451 of Cr.P.C. for releasing the vehicle I-20 bearing No.RJ- 23-CD-0589, was dismissed.

2. Learned counsel for the petitioner submits that the vehicle was not carrying contraband articles, thus, Proviso to Section 60(3) of N.D.P.S. Act is not applicable and the allegation of escorting the other vehicle in which contraband articles were recovered, is not substantiated by any direct or indirect evidence.

3. Learned counsel for the petitioner further submits that the trial of the case may take considerable time and the petitioner is the registered owner of the said vehicle, therefore, the impugned order dated 06.10.2023 may be quashed & set-aside and the vehicle may be directed to be released in favour of the petitioner.

4. Learned Public Prosecutor vehemently opposes the revision petition.

5. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the impugned order.

6. Considering the fact that the contraband articles were not recovered from the alleged vehicle and the allegation of escorting the vehicle in which contraband articles were recovered, pending consideration at the stage of trial. Admittedly, the contraband articles were not found from the possession of the said vehicle.

7. The Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat [2002 (9) SCC 283], has opined that it is no use of keeping such seized vehicle at the Police Stations for a long period and keeping the vehicle in an open place is not only loss to the nation but to the property of the nation.

8. Thus, considering the above argument and keeping in view the judgment passed by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat (supra), the instant revision petition is allowed and the order dated 06.10.2023 is hereby quashed and set aside and the vehicle I-20 bearing No.RJ- 23-CD-0589 in question is ordered to be released on ‘supardgi’ till the completion of the trial upon following conditions:-

(a) the petitioner furnishes a personal bond in the sum of Rs.4,00,000/- with two sureties of Rs.2,00,000/- each to the satisfaction of the trial Court undertaking to produce the vehicle I-20 bearing No.RJ-23-CD-0589 in the Court as and when required to do so.

(b) the petitioner shall get the vehicle I-20 photographed showing the registration number as well as the chassis number. Such photograph shall be taken in the presence of the Investigating Officer, to be kept on the file of the case.

(c) the personal bond of the petitioner and bonds of sureties shall carry the photographs of the petitioner and his sureties and the bonds of sureties shall further carry the photographs of persons identifying them before the Court which is with full residential particulars of the sureties and the persons identifying them.

(d) the petitioner shall undertake further not to transfer the ownership of the vehicle I-20 bearing No.RJ-23-CD-0589 and not to lease it to anyone and not to make or allow any changes in it to be made so as to make unidentifiable.

(e) the petitioner shall not allow the vehicle I-20 bearing No.RJ-23-CD-0589, to be used for any antisocial activities.