Getting the vehicle back that was seized under the NDPS Act

 

Introduction

Trafficking in drugs is a major revenue stream for organised crime groups. Drugs are transported in both public and private vehicles. Often, the vehicle owner does not know there is a problem. Meghalaya High Court ruled recently that "unbelievable though such an allegation may seem, the relevant inmate reports that drugs are sometimes transported in army trucks, which are generally immune to inspection.".

There is no doubt that the officer has authority to seize the vehicle, and the owner of the vehicle must prove beyond a reasonable doubt that he does not have conscious possession of the vehicle. He is not involved in those offenses to get the vehicle returned to him. A Magistrate Court or a Special Court can only sanction an application for releasing the vehicle on interim custody. The procedure will be as outlined in Section 451 of the Criminal Procedure Code, and a Magistrate will provide temporary custody.

The Best Advocates for NDPS cases will prepare an application after complete due diligence and file Superdari at the court following receipt of the police report with the PF Number and how the vehicle was recovered. The court orders are accompanied by documents such as identification, address, vehicle number, copies of the vehicle documents, and an indemnity bond. Finally, the court orders must stipulate that the vehicle so released will not be sold after it is released. The officer will take two photographs of the owner with the vehicle and update the case diary. Two witnesses will also sign the police register before the vehicle is turned over to the owner.

Note that seized vehicles shall not be kept for more than 15 to 30 days, and the owner must claim the vehicle within six months. Section 452(2) of the Criminal Procedure Code also authorizes the court to release seized vehicles after the trial has been concluded.

Below are some citations one may find useful

• RATHNAMMA v. STATE REPRESENTED BY PSI, CHANNAGIRI POLICE STATION. According to the Karnataka High Court, the power to decide interim custody of a vehicle seized under NDPS lies with the Magistrate or Special Court, not with the Drug Disposal Committee.

• The state of Madhya Pradesh vs Nirmal (CRIMINAL REVISION NO. 1848 of 2020). The Madhya Pradesh High Court ruled in this case that interim custody should be granted to the owner of the vehicle confiscated under Section 60 of the NDPS Act. A person carried 27 Grams of smack without knowing it.

• The Tripura high court held in Sri Kishan Singh vs The State of Tripura, Provisions – Sections 52a, 60(3), 63. The Tripura high court held that an owner cannot approach the court to request the release of a vehicle after the expiration of 30 days. According to the Court, the owner may claim within 30 days of the seizure (interim custody), however the vehicle will be subject to security until the case has been concluded.

• Tej Singh vs State of Haryana. The Punjab-Haryana High Court ruled that the Trial Court cannot pass an order of confiscation before the expiration of one month (30 days) from the date of seizure.

• Tikeshwar Singh Vs State of Chhattisgarh. It was held by the Chhattisgarh High Court that interim custody could be granted under Section 451/457 of the Criminal Procedure Code as a result of the conveyance being seized for an offense committed under Section 20(b) of the NDPS Act.

Conclusion

An accused whose guilt has not yet been proven may have suffered a loss due to the damage to their vehicles seized by law enforcement agencies and retained as evidence. In addition, when the owner gets the vehicle back, sometimes it is not in the same condition as when it was seized and no one is held responsible for such damage. Often, these vehicles are brand new ones and very expensive. For the reader, the blog post above provides a brief overview, along with some references, on the process involved in releasing a vehicle seized by a law enforcement agency, including the police, as well as the process involved in releasing the vehicle. The previous blog on How to Get Bail in NDPS Cases and the impact of the quantity of drugs on Bail decisions may be of interest to you.