The Orissa High Court held that there is no specific bar under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for return of any seized vehicle used for transporting narcotic drug or psychotropic substance.

The Court held thus in a batch of Criminal Revisions in which a question was referred to the Division Bench by a Single Judge.

A Division Bench comprising Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho observed, “There is no specific bar/restriction under the provisions of the NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in the interim, pending disposal of the criminal case.”

Amicus Curiae D. Panda, Advocates S.R. Mulia, and Anupam Dash appeared for the Petitioners while Additional Government Advocate (AGA) L. Samantray appeared for the Opposite Party.

Brief Facts

A question was referred to the Division Bench by a Single Judge/Bench of the High Court i.e., whether the provision under Section 457 of the Criminal Procedure Code (CrPC) will have no application in a case of release of the vehicle seized under the NDPS Act during investigation or trial of the case. A Common Order was passed by the Single Judge while hearing a batch of Criminal Revisions which were filed against the Orders rejecting Applications filed under Section 457 of CrPC, for release of vehicles seized in connection with prosecutions under the NDPS Act by the lower Courts.

The counsel for the Petitioners submitted that there is no bar in the NDPS Act for entertaining Applications under Sections 451 and 457 of CrPC for interim release during pendency of trial for which the power under the said provisions could be invoked for interim release of such vehicles.

Reasoning

The High Court in the above regard, noted, “In the absence of any specific bar under the NDPS Act and in view of Section 51 of NDPS Act, the Court can invoke the general power under Sections 451 and 457 of the Cr.P.C. for release of the seized vehicle pending final decision in the criminal case.”

The Court further said that the Court has the discretion to release the seized vehicle in the interim but the power has to be exercised in accordance with law, in the facts and circumstances of each case.

“If the Court decides to exercise its discretion to release a vehicle in the during pendency of the criminal case, suitable conditions have to be imposed to ensure its identification and production during trial with an embargo on its sale and / or transfer till conclusion of the trial and for submission of a specific undertaking for production of such vehicle”, it added.

Accordingly, the High Court listed the cases before the Single Bench for disposal in accordance with law.

Cause Title- Rabindra Kumar Behera v. State of Odisha

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