NDPS Act - Release of the vehicle cannot be denied on the ground that it is liable to be confiscated

Himachal Pradesh High Court Orders Release of Seized Vehicle in Cannabis Case. Court Upholds Owner’s Right Amidst Confiscation Concerns; Vehicle Released with Conditions

In a significant ruling, the Himachal Pradesh High Court has directed the release of a vehicle seized under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, during an ongoing trial. The vehicle, belonging to Rohit, the petitioner, was intercepted by the police, leading to the recovery of 1.977 kg of cannabis. Despite the police’s objection citing pending financial investigations, the Court emphasized that vehicles should not depreciate in police custody and must be returned to their rightful owners under stringent conditions.

Justice Rakesh Kainthla, presiding over the case, referred to the Supreme Court’s precedent in Sunderbhai Ambalal Desai v. State of Gujarat, underscoring that seized vehicles should not be left to deteriorate at police stations. The Court acknowledged the petitioner’s right as the registered owner and allowed the release of the vehicle on a Sapurdari bond worth Rs. 15,00,000, ensuring its production during the trial.

The State had opposed the petition, concerned that the vehicle could be used for transporting narcotics again, and stressed the ongoing financial investigation. However, the Court ruled that confiscation proceedings under Section 60 of the NDPS Act could proceed independently, and until such proceedings are initiated, the vehicle must be released to prevent it from turning into junk.

This judgment highlights the judiciary’s balanced approach in safeguarding property rights while ensuring compliance with the legal framework surrounding narcotics offenses. The Court’s decision reflects a commitment to preventing unnecessary depreciation of assets and aligns with earlier rulings, establishing a precedent that reinforces the owner’s right to custody of their property.

Bottom Line:

Vehicle seized under NDPS Act - Release of the vehicle cannot be denied on the ground that it is liable to be confiscated - Court is duty-bound to release the vehicle to the rightful owner until the question of confiscation is decided by the Competent Court.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 60, 68D, Chapter VA; Criminal Procedure Code, 1973 - Section 451

Rohit v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2782801