NDPS Act| When Can Owner of Vehicle Used to Carry Contraband Be Arrayed as Accused? SC Explains
The Supreme Court clarified four scenarios regarding the interim release of vehicles seized under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. These scenarios involve situations where contraband is found in vehicles and the owner’s involvement is examined.
Here’s a simplified breakdown: (a) Owner Directly Involved: The contraband is found with the vehicle owner. (b) Agent Involved: The contraband is found with the owner’s agent, like a driver or cleaner. (c) Vehicle Stolen: The contraband is found in a stolen vehicle. (d) Third-Party Occupant: The contraband is found with someone using the vehicle owner’s knowledge.
In the first two cases, the vehicle’s owner or agent is treated as an accused, and interim release of the vehicle is restricted until the owner proves innocence. However, in the last two cases, the owner is not accused, so the vehicle can be released temporarily with conditions like a bond or payment of its value if confiscation is later ordered.
The Court emphasized flexibility, allowing trial courts to decide based on specific case facts. It also dismissed the idea that every vehicle used to transport contraband must remain seized, noting this could lead to absurd outcomes, such as confiscating a private plane or bus used without the owner’s knowledge. The decision overturned a Gauhati High Court ruling, affirming that vehicles seized under the NDPS Act could be released under Section 451 and 457 of the CrPC.
Source: – Live Law
By: – Rajat Ranjan
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