Lokesh Kumar Meena's Vehicle to be Released on Supurdagi as He is Not Implicated in Drug Case
In a significant judgment delivered by the Rajasthan High Court, Jaipur Bench, the petition filed by Lokesh Kumar Meena seeking interim release of his vehicle, seized under the Narcotic Drugs and Psychotropic Substances Act, 1985, was allowed. The decision was made by Justice Anoop Kumar Dhand, who ruled in favor of the petitioner, asserting that the vehicle can be released on interim Supurdagi given that Meena is not implicated in the drug-related FIR.
The case revolves around FIR No. 132/2025, registered with Kanota Police Station, Jaipur City (East), concerning offenses under Sections 8/21 of the NDPS Act. The FIR was filed against co-accused individuals following the recovery of contraband substances, leading to the seizure of the vehicle in question. Lokesh Kumar Meena, the registered owner of the vehicle, was not named as an accused, nor was there any evidence indicating his involvement in the alleged incident.
The High Court's judgment cites the guidelines laid down by the Supreme Court in the case of Bishwajit Dey v. State of Assam, which categorizes scenarios under which vehicles seized under the NDPS Act may be released. The judgment identifies four scenarios, with the third and fourth scenarios permitting interim release of vehicles when the owner or agent is not implicated as an accused.
Justice Dhand concluded that Meena's case falls under the fourth scenario, wherein the contraband was recovered from a third-party occupant of the vehicle without any allegations against Meena. Consequently, the vehicle can be released, provided certain conditions are met. These conditions include furnishing a Supurdaginama/indemnity bond, undertaking not to use the vehicle for illegal purposes, maintaining the vehicle's intact condition, and ensuring its availability for trial.
The judgment emphasizes that the investigation report furnished by the SHO, Police Station Transport Nagar, Jaipur, confirmed the absence of any evidence implicating Meena. This paved the way for the court to allow the interim Supurdagi of the vehicle, safeguarding it from damage due to prolonged impoundment.
The public prosecutor, Mr. Amit Punia, opposed the petition, citing the pending investigation and absence of a charge-sheet, but the High Court found merit in the petitioner's arguments and the investigation report, ultimately ruling in Meena's favor.
This judgment underscores the importance of adhering to Supreme Court guidelines in cases involving vehicle seizures under the NDPS Act, ensuring that owners who are not implicated in criminal activities have their property rights respected, subject to legal compliance and conditions.
Bottom Line:
NDPS Act - Vehicle seized under provisions of the NDPS Act can be released on interim Supurdagi if the owner is not implicated as an accused in the FIR and falls under the fourth scenario as per guidelines laid down by the Hon'ble Apex Court.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 8/21, Section 497 BNSS
Lokesh Kumar Meena v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2825949
