Interim custody of vehicle should not be denied to owner of vehicle, simply because it is liable to be confiscated

In this case, Police seized the car of the applicant-car owner for the involvement of illegal transport of contraband, punishable u/ Ss. 8(b), 20, 25 of Narcotic Drugs and Psychotropic Substances Act (NDPS). The applicant has applied for interim custody of the seized vehicle. His application was however rejected by a Special Judge on the ground that confiscation proceedings under NDPS Act are going on.

Conveyance seized under the NDPS Act shall be liable to confiscation only when the owner of the conveyance who was given an opportunity by the Court could not prove that the conveyance was used without his knowledge or connivance. The Court will have to decide whether a vehicle seized under the NDPS Act is liable to confiscation only after the trial. The Court has held that there is no provision in the NDPS Act to restrict the power of the trial Court to release the vehicle in interim custody. At the same time, interim custody should not be denied to the owner of the vehicle, simply because it is liable to be confiscated under S. 60 of the NDPS Act.

Order rejecting release of vehicle application of the owner, liable to be set aside. Court released the seized vehicle in favour of the owner subject to certain conditions.

Appearing Counsels: Shri. Amit Dubey, Shri Amit Pandey

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