How to get back a vehicle sized under NDPS Act.

Drug trafficking is a major source of revenue for organised crime groups. There are various ways such drugs are transported including public and private vehicles. At times the owner of the vehicle is totally unaware of such activity.

In a recent case the Meghalaya High Court observed that “Unbelievable though such an allegation is, it has to be noticed nonetheless that according to the relevant inmate drugs are sometimes transported in army trucks, which are generally immune from checking.

It is pertinent to note that the officer has authority to seize the vehicle and the owner of the vehicle has to prove beyond reasonable doubt he carries no conscious possession and he is not involved in those offences and the vehicle will be returned.

The Magistrate Court or the Special Court can only sanction the application for releasing the Vehicle on interim custody. The procedure followed will be as per Section 451 of Cr.P.C., and the Magistrate shall provide interim custody.

The Best Advocates for NDPS cases will prepare an application after complete due diligence and file Superdari at the court followed with getting the police report with the PF Number and how the vehicle was recovered. Additionally documents like ID Proof, Address Proof, Vehicle Number, Vehicle Documents Copy and an Indemnity Bond is produced. Finally, the court orders are fetched with a condition that the Vehicle thus released will not be sold. The officer will take two photographs of the owner with the vehicle and updates the case dairy, two witness will also sign the police register before the vehicle is handed over to the owner.

Some points to note are thus seized vehicle shall not be kept for more than 15 to 30 days, the owner needs to claim the vehicle within 6 months, also the section 452(2) of Cr.P.C. gives the power to the court to release the vehicle after the conclusion of the trail so need be.

Some quotable citations one can refer are mentioned here below

• RATHNAMMA v. STATE REPRESENTED BY PSI, CHANNAGIRI POLICE STATION.
  The Karnataka High Court held that, the power to decide interim custody of the vehicle seized, under NDPS lies with the Magistrate/Special Court and Not with Drug Disposal Committee.
• Nirmal vs The State Of Madhya Pradesh (CRIMINAL REVISION No. 1848 of 2020).
  In this case, the Madhya Pradesh High Court held that Interim custody be allowed to the owner of the vehicle, confiscated under Section 60 of the NDPS Act. There were 27 Grams of smack, a person without his knowledge carried.
• Sri Kishan Singh vs The State of Tripura, Provisions – S. 52a, 60(3), 63.
  The Tripura high court held that, after expiry of 30 days, no owner can approach the court to file an application regarding release of the vehicle. The Court held that the owner has the right to claim “within 30 days” from the day of seizure, (interim custody) but the vehicle is subject to security till completion of the trial.

  In this case, a Special petition was filed to release the vehicle that was seized under the Belonia police station jurisdiction. The Court observed that if no owner has come forward to claim the ownership of the vehicle within 30 days, then, the court may pass an order directing the Drug Disposal Committee for disposal of the vehicle by sale.

• Tej Singh vs State of Haryana.
  The Punjab-Haryana High Court held that the Trial Court is not supposed to pass any order of confiscation before expiry of One Month (30 days) from the date of seizure.
• Tikeshwar Singh Vs State of Chhattisgarh.
  The Chhattisgarh High Court held that the Conveyance seized for offense committed under Section 20(b) of NDPS Act and interim custody can be granted under the provisions of Section 451/457 Cr.P.C

Conclusion

Accused who is not proved guilty yet who have their vehicles seized by law enforcement agencies and held as evidence may have suffered loss due to damage of the vehicles.

At times the vehicles are brand new ones and super costly too. Not to mention when the owner gets back the vehicle sometimes is not in the condition that is when it was seized and there is no one held accountable for such damage.

The blog post above gives a brief overview with some citations for the reader to understand the process involved in releasing the vehicle that is seized by any law enforcement agency including the police. You may wish to refer previous blogs on How to Get Bail in NDPS Case and the role of Quantity of drugs that impacts the decision in the NDPS case.

Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.