Vehicle used in NDPS Act violation to be released on financial bonds, pending appeal outcome
In a significant judgment, the Punjab and Haryana High Court has permitted the interim release of a vehicle confiscated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The vehicle, owned by Gurjinder Singh, was seized for allegedly transporting poppy husk. The court emphasized the need to prevent the economic loss and deterioration of vehicles due to prolonged disuse during legal proceedings.
The case, titled "Gurjinder Singh v. State of Punjab," involved the confiscation of a TATA truck found carrying 252.600 kilograms of poppy husk. Gurjinder Singh, the registered owner, was convicted under Sections 27A, 25, and 29 of the NDPS Act. The appeal against the conviction is pending, and the court has now allowed the truck's release on the condition that Singh provides financial bonds equivalent to the vehicle's current market value.
Justice Anoop Chitkara, presiding over the case, highlighted that the continued confiscation of vehicles leads to their deterioration and economic waste. The court referred to various precedents, including the Supreme Court's rulings, which have consistently favored the release of vehicles to prevent such outcomes.
The judgment also aligns with Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs the interim release of property to prevent decay and economic loss. The court directed that the vehicle be released to the owner, Gurjinder Singh, upon furnishing personal and guarantor bonds and a declaration of the vehicle's current market value.
This decision underscores the court's commitment to balancing the enforcement of stringent laws like the NDPS Act with the rights of property owners. It serves as a reminder of the judicial system's role in safeguarding property rights while ensuring compliance with legal provisions.
Bottom line:-
NDPS Act - Release of confiscated vehicles on interim basis - Vehicles used for transportation of narcotics can be released on superdari or financial bonds during pendency of appeal, subject to safeguards like valuation, undertaking, and solvency of guarantors.
Statutory provision(s): NDPS Act, 1985 Sections 15, 25, 27A, 29, 60, 63; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497
Gurjinder Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2916691
