Court Upholds NDPS Act Provisions, Dismissing Petition for Supurdagi of Vehicle with Ganja
In a significant ruling that reinforces the stringent provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Rajasthan High Court, Jaipur Bench, has dismissed a petition seeking the release of a vehicle seized with a substantial quantity of contraband. The vehicle, owned by the petitioner Khurshid, was confiscated after 52 kg 267 gms of Ganja was discovered in it.
The judgment, delivered by Justice Anoop Kumar Dhand, came in response to a petition challenging the decision of the Additional Sessions Judge, Laxmangarh, District Alwar, who had earlier rejected an application for the release of the vehicle on supurdagi.
The petitioner, represented by Advocate Mr. Gajender Singh Rathore, argued that since the investigation was complete, the vehicle was no longer required for investigative purposes and should be released to the owner. However, the court referred to the principles laid down by the Supreme Court in the case of Bishwajit Dey v. State of Assam, which outlined scenarios under which vehicles involved in contraband cases can be released.
The Supreme Court had identified four scenarios:
1. Where the vehicle owner is found in possession of contraband.
2. Where the contraband is with the owner's agent, such as a driver.
3. Where the vehicle is stolen and contraband is found.
4. Where a third-party occupant without the owner's knowledge is found with contraband.
Justice Dhand emphasized that in the first two scenarios, the vehicle cannot be released unless the accused-owner discharges the reverse burden of proof. Khurshid's case fell into the first scenario, as he was the registered owner of the vehicle from which the contraband was recovered. Consequently, the court upheld the decision to deny the release of the vehicle, aligning with the NDPS Act's objective to curb drug trafficking.
The public prosecutor, Mr. Vivek Choudhary, argued that releasing the vehicle would contravene the NDPS Act, given the severe nature of the offense and the involvement of the vehicle in transporting contraband.
The court's order is a reiteration of its commitment to applying the law strictly in cases involving narcotic substances, ensuring that vehicles used in such activities remain confiscated to deter similar offenses.
Bottom Line:
NDPS Act - Supurdagi of seized vehicle - Vehicle not to be released if contraband recovered from the possession of the owner or his agent - First two scenarios formulated by the Apex Court regarding release of vehicles under NDPS Act applicable in the present case - Petition dismissed.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8, 20, 25
Khurshid v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2833315
