NDPS Act - Vehicle seized can be released pending trial invoking general powers under CrPC

Uttarakhand High Court Orders Release of Seized Vehicle in NDPS Case. court Utilizes CrPC Powers to Provide Interim Custody Despite NDPS Act Charges

In a significant ruling, the Uttarakhand High Court has directed the release of a vehicle seized under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, relying on the general powers provided by the Code of Criminal Procedure (CrPC). The judgment, delivered by Justice Ashish Naithani, comes in response to an application filed by Nandan Singh, the registered owner of the vehicle, seeking its release pending the trial.

The vehicle, identified as an Ertiga VXI (O) CNG with registration number UK04TB 5996, was seized by police in connection with transporting contraband substances, leading to charges under Sections 8, 20, and 60 of the NDPS Act. Despite the trial court's decision to reject the release application due to the vehicle's involvement in illicit activities, the High Court overturned this decision, citing the absence of a specific prohibition within the NDPS Act against interim vehicle release.

Justice Naithani emphasized that while the NDPS Act provides for the confiscation of vehicles used in the transportation of drugs, it does not explicitly restrict the interim release of such vehicles. The judgment referenced prior decisions, including the Supreme Court's ruling in Sunderbhai Ambalal Desai v. State of Gujarat, which advocated for the expedient release of seized vehicles to prevent their deterioration and depreciation while awaiting trial.

The court's decision to invoke Sections 451 and 457 of the CrPC underscores its discretion to release vehicles under interim custody when justified by circumstances, ensuring that they do not suffer from exposure to natural elements. This discretion aligns with the broader judicial principle that vehicles should not be left to languish unnecessarily, which can lead to financial losses for the owner and impede justice.

The judgment further strengthens the legal position that, in the absence of explicit statutory bars, general powers under the CrPC can be exercised to facilitate the release of property pending trial, provided that proper bonds, guarantees, and undertakings are secured from the applicant. This ensures that the ownership remains unchanged and the vehicle can be produced before the court whenever required.

Consequently, the High Court has ordered the release of the vehicle to Nandan Singh, contingent upon the submission of a personal bond of Rs. 1,00,000 and two local sureties of the same amount. The owner must also pledge not to alter the vehicle's ownership and to present the vehicle as directed by the court.

This landmark judgment not only provides relief to the applicant but also sets a precedent for similar cases where the interim release of vehicles may be considered, balancing the interests of justice with the practical implications of property seizure under the NDPS Act.

Bottom Line:

NDPS Act - Vehicle seized under NDPS Act - Release of vehicle pending trial - Court can invoke general powers under Sections 451 and 457 of CrPC in absence of specific bar under NDPS Act to release the vehicle on interim custody, subject to proper bond, guarantee, and undertaking by the applicant.

Statutory provision(s): NDPS Act, 1985 Sections 8, 20, 60; CrPC Sections 451, 457

Nandan Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2763556