TaxTMI 
TaxTMI 
2025 (1) TMI 1744
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....a, Amicus Curiae (In CRLREV No. 503 of 2022) And Mr. Anupam Dash, Advocate (In CRLREV No. 555 of 2022 & Batch) For the Opposite Party : Mr. L. Samantary, A.G.A. ORDER SAVITRI RATHO, J.: The following question had been referred to the Division Bench by a learned Single Judge of this Court by a common order dated 23.08.2022 passed in CRLREV No. 346 of 2022, CRLREV No. 205 of 2022, CRLREV No. 253 of 2022, CRLREV 266 of 2022, CRLREV No. 353 of 2022 and CRLREV No. 356 of 2022 :- "to examine the question as to whether the provision under Section 457 of Cr.P.C. will have no application in a case of release of the vehicle seized under the N.D.P.S. Act during investigation or trial of the case." 2. This common order dated 23.08.2022 had been passed by the learned Single Judge while hearing the batch of criminal revisions which had been filed challenging the orders rejecting applications filed U/s. 457 of Cr.P.C., for release of vehicles, seized in connection with prosecutions under the NDPS Act, by the learned Courts below. Other criminal revisions involving similar question had also been tagged and listed before us alongwith CRLREV No. 346 of 2022, CRLREV No. 205 of....
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....bjection of the enactment of the NDPS Act. 6. The learned counsel had relied on a number of decisions of this Court as well as the Supreme Court in support of their submissions. 7. After the reference had been heard and reserved for judgment but before we could deliver the judgment answering the reference, the Supreme Court in the case of Bishwaji Dey vs. State of Assam: 2025 INSC 32: 2025 SCC Online SC 40 has delivered a judgment on 07.01.2025, dealing with the identical question, in the application filed by the owner of a vehicle for interim release of the vehicle which had been seized in connection with a case registered for commission of offences under the NDPS Act. 8. In the case of Bishwajit Dey (supra), the truck had been seized by the police on 10.04.2023 and two soap boxes covered with black tarpaulin containing heroin were recovered from the hood of the vehicle. The suspected substance was confirmed to be 24.8gm of heroin which was being carried by the main accused who had boarded the vehicle at Manipur. The owner of the vehicle was not an accused in the case and had been cited as a witness in the case. As his prayer for interim release of the vehicle was rejecte....
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....6026; Tej Singh vs. State of Haryana, 2020 SCC OnLine P&H 4679; Shams Tavrej vs. Union of India, 2023 SCC OnLine All 1154; Manakram vs. State of Madhya Pradesh, Crl. Rev. 2421/2021; Nirmal Singh vs. State of Punjab, CRR- 1208-2018 (O&M); Kawal Jeet Kaur vs. State of Karnataka, 2024:KHC- K:5691 and Bhagirath vs. State of Rajasthan, 2024: RJ-JD:36868, in NDPS cases, the Courts had directed for release of vehicles in the interim. It further held that the judgments of the Supreme Court did not lay down any general proposition of law and went on to lay down the law. 11. The relevant portions of Section - 451 and 457 of the Code of Criminal Procedure and Section- 36 C, Section 51, 52 A Section 60 and, the second proviso to Section 63 of the NDPS Act are extracted below: Code of Criminal Procedure "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 oth....
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....notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine...." "Section 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 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 ....
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....tate of Rajasthan, 2024: RJ-JD:36868, the Courts have directed release of the vehicles in the interim in NDPS cases. 20. The judgements of this Court are confined to their facts or in the context of the expression 'owner' and do not lay down any general proposition of law. Consequently, the issue would have to be examined on first principles. 21. Upon a reading of the NDPS Act, this Court is of the view that the seized vehicles can be confiscated by the trial court only on conclusion of the trial when the accused is convicted or acquitted or discharged. Further, even where the Court is of the view that the vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right to the seized vehicle before passing an order of confiscation. However, the seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that the vehicle was used by the accused person without the owner's knowledge or connivance and that he had taken all reasonable precautions against such use of the seized vehicle by the accused person. 22. This Court is further of the opinion that there is no specific bar/re....
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....g the Vehicle in interim on superdari like videography and still photographs to be authenticated by the Investigating Officer, owner of the Vehicle and accused by signing the said inventory as well as restriction on sale/transfer of the Vehicle. BROADLY SPEAKING THERE ARE FOUR SCENARIOS 29. Though seizure of drugs/substances from conveyances can take place in a number of situations, yet broadly speaking there are four scenarios in which the drug or substance is seized from a conveyance. Firstly, where the owner of the vehicle is the person from whom the possession of contraband drugs/substance is recovered. Secondly, where the contraband is recovered from the possession of the agent of the owner i.e. like driver or cleaner hired by the owner. Thirdly, where the vehicle has been stolen by the accused and contraband is recovered from such stolen vehicle. Fourthly, where the contraband is seized/recovered from a third-party occupant (with or without consideration) of the vehicle without any allegation by the police that the contraband was stored and transported in the vehicle with the owner's knowledge and connivance. In the first two scenarios, the owner of the ....
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....n inbuilt provision to impose any specific condition on the appellant while releasing the vehicle. The appellant is undoubtedly the registered owner of the vehicle but had not participated in the offence as alleged by the prosecution nor had knowledge of the alleged transaction. 7. Learned counsel seeks to rely on the judgment of this Court in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283 opining that it is no use to keep such seized vehicles at police station for a long period and it is open to the Magistrate to pass appropriate orders immediately by taking a bond and a guarantee as well as security for return of the said vehicle, if required at any point of time. 8. On hearing learned counsel for parties and in the conspectus of the facts and circumstances of the case, and the legal provisions referred aforesaid, we are of the view that this is an appropriate case for release of the vehicle on terms and conditions to be determined by the Special Court. 9. The appeal is accordingly allowed leaving parties to bear their own costs." IF THE VEHICLE IN THE PRESENT CASE IS KEPT IN THE CUSTODY OF POLICE TILL THE TRIAL IS OVER, IT WIL....