New Delhi: The Supreme Court on Tuesday held vehicles used for ferrying drugs could only be confiscated after the conclusion of the case's trial when the accused was convicted or acquitted or discharged. A bench comprising Justices Sanjay Karol and Manmohan passed the verdict and said there was no specific bar under the the Narcotic Drugs and Psychotropic Substances (NDPS) Act against the interim release of seized vehicles, provided the owner was not complicit in the offense.
"Upon a reading of the NDPS Act, this court is of the view that the seized vehicles can be confiscated," the bench said, "by the trial court only on conclusion of the trial when the accused is convicted or acquitted or discharged." Further, even when the court decides the vehicle should be confiscated, it must give an opportunity to the person to be heard, it said.
The seized vehicle, however, was not liable to be confiscated if its owner proved the vehicle was used by the accused person without their knowledge or connivance and they took all precautions against the misuse, said Justice Manmohan, who authored the judgment on behalf of the bench.
In the absence of any specific bar under the NDPS Act, the courts could invoke the general power under the CrPC for return of the seized vehicle pending a final decision of the criminal case. "Consequently, the trial court has the discretion to release the vehicle in the interim. However, this power would have to be exercised in accordance with law in the facts and circumstances of each case,” said the verdict.
The judgment stemmed from an appeal filed by one Bishwajit Dey, challenging a Gauhati High Court order that upheld the trial court’s refusal to release his truck, which was seized in a narcotics case. The truck was allegedly found carrying 24.8 gram of heroin concealed in soap boxes during a police inspection on April 10, 2023.
The main accused, Md Dimpul, was arrested, but neither the truck's owner nor the driver was named as accused in the chargesheet. The apex court allowed the vehicle's release and observed a strict interpretation of the NDPS Act would lead to unjust results, such as indefinitely seizing planes, buses, or ships used without the owner’s knowledge for drug trafficking.
It noted the vehicles left unattended in police custody deteriorate and stressed on the need to prevent wastage. "If the vehicle in the present case is allowed to be kept in the custody of police till the trial is over, it will serve no purpose. This court takes judicial notice that vehicles in police custody are stored in the open. Consequently, if the vehicle is not released during the trial, it will be wasted and suffering the vagaries of the weather, its value will only reduce,” said the top court.
In the present case, the truck owner, it said, was not named in the chargesheet, and his only source of income was at risk due to the vehicle’s prolonged detention. The release of the vehicle would benefit the owner, the financier, and society at large by ensuring its productive use, said the apex court.
