Court Overturns Lower Court's Decision, Sets Precedents for Interim Release with Conditions
In a notable judgment delivered by the Jammu & Kashmir and Ladakh High Court, Justice MA Chowdhary has allowed the interim custody of a vehicle seized under the Narcotic Drugs and Psychotropic Substances (NDPS) Act to its registered owner, Anjum Rafiq. This decision marks a significant development in the interpretation of interim custody provisions under the NDPS Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The vehicle, a Hyundai i20, was seized by the Police in connection with an FIR for alleged offenses under Sections 8/21/22/25/29 of the NDPS Act. The trial court had previously denied the release of the vehicle to the petitioner, citing its involvement in narcotics transportation and potential requirement for confiscation. The petitioner, however, challenged this order, arguing that the vehicle was deteriorating while in police custody and that he was willing to comply with any conditions imposed for its release.
Justice Chowdhary meticulously reviewed the statutory provisions, including Sections 60 and 63 of the NDPS Act, and Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court emphasized that there is no specific bar under the NDPS Act against the interim release of a seized vehicle, and highlighted that the vehicle could be released subject to reasonable conditions to protect the interests of justice.
Citing precedents, including judgments from the Supreme Court and other high courts, the judge noted that the mere liability of a vehicle for confiscation at the conclusion of a trial does not justify denying interim custody. The court underscored the importance of ensuring that seized vehicles do not suffer unnecessary deterioration, which could result in financial loss to the rightful owner.
The court directed the trial court to release the vehicle on 'Supardari' to the registered owner, Anjum Rafiq, under strict conditions. These include preparing a video and photographic evidence of the vehicle and obtaining an undertaking from the owner not to sell or transfer the vehicle until the trial concludes. Additionally, the owner must agree to produce the vehicle before the court when required.
This judgment serves as an important clarification on the application of interim custody laws concerning seized vehicles in NDPS cases, providing a framework for balancing the rights of owners with the requirements of ongoing investigations.
Bottom line:-
Interim custody of vehicle seized under NDPS Act can be granted to the registered owner during trial, subject to reasonable conditions, as there is no specific bar under the NDPS Act for such release.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 60(3), 63, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497
Anjum Rafiq v. Union Territory of J&K, (Jammu & Kashmir And Ladakh) : Law Finder Doc id # 2936469
