Criminal Procedure Code, 1973
Section 452—Interim release of seized vehicle—Order of High Court directing to furnish a surety bond of rupees six lakhs for release of vehicle belonging to the appellant—Vehicle was seized in connection with investigation of a case registered under Secs. 20(b)(ii)(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act—Seized vehicles can be confiscated by the Trial Court only on conclusion of the trial when the accused is convicted or acquitted or discharged—Even where the court is of the view that the vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right to the seized vehicle before passing an order of confiscation—Seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that the vehicle was used by the accused person without the owner’s knowledge or connivance and that he had taken all reasonable precautions against such use of the seized vehicle by the accused person—Apex Court in Bishwajit Dey v. The State of Assam, Criminal Appeal No.87 of 2025 has held that there is no specific bar/restriction under the NDPS Act for release in the interim of any seized vehicle—Since the respondent-State is unable to give any definitive timeline as to when trial against the fifth accused would conclude, the Trial Court directed to release the vehicle in question after preparing a video and still photographs of the vehicle, subject to the appellant furnishing a surety bond of rupees two lakhs and ten thousand instead of rupees six lakhs—Even to direct the appellant not to sell the vehicle till the trial concludes against fifth accused, would be extremely unfair as no owner can be directed to possess and own the vehicle indefinitely.
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