NDPS Act l Rajasthan High Court Orders Interim Release Of Seized Vehicle After Non-Implication Of Owner As Accused

The Rajasthan High Court has allowed the interim released of a seized vehicle after finding that the owner was not implicated as an accused in the case.

The Court was considering an Application seeking release of the vehicle seized in a case registered under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The Bench of Justice Anoop Kumar Dhand held, "....Looking to the fact that the instant case of the petitioner is falling under the 4th scenario as the petitioner has not been named in the impugned FIR and has not found to be an accused hence, under these circumstances, he is entitled to get Supurdagi of the vehicle..."

The Applicant was represented by Advocate Rajneesh Gupta, while the Respondent was represented by Public Prosecutor Amit Punia.

Facts of the Case

Counsel for the Petitioner submitted that the FIR was registered against the co-accused persons wherein certain contraband was recovered and the vehicle in question was seized. He submitted that the Petitioner is the registered owner of the said vehicle and has no concern whatsoever with the alleged incident

He pointed out that the Petitioner has not been implicated as an accused in the FIR.

Reasoning By Court

The Court at the outset pointed out that the factual report of the investigation clearly reflects that the involvement of the Petitioner has not been found to be proved and he has not been implicated as an accused. 

It thus reflected on the question as to whether, under these circumstances, the vehicle seized under the provisions of the NDPS Act can be released on interim Supurdagi or not?

Referring to the Supreme Court's ruling in Bishwajit Dey Vs. State of Assam, wherein it was held that there are broadly four scenarios/circumstances under which the cases involving the release of vehicle on Supurdagi, seized under the provisions of the NDPS are required to be dealt with, the Court concluded that the Petitioner can be granted the required relief.

The Petition was accordingly allowed.

Cause Title: Lokesh Kumar Meena v. State Of Rajasthan

Appearances:

Petitioner- Advocates Rajneesh Gupta, Hernab Saraswat, Chanchal Sharma, Uttkarsh Goyal, Rahul Sharma and Apoorv 

Respondent- Public Prosecutor Amit Punia

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