vehicle seized under NDPS Act can be released on Supratnama

Even otherwise in the absence of any provision, which bars from release of any vehicle seized, there appears no reason to keep the vehicle in Police custody until the conclusion of the trial. There are various issues related with the upkeep of such articles specially a vehicle. This Court is of the view that the provision of Section 60 of the Act at all does not debar from releasing a vehicle during pendency of the trial. The provision of Section 60 of the Act and Section 451 of the Code act in different spheres. It is the matter of interim custody only. If vehicle is given to it's owner with certain conditions namely producing it whenever called to do so; not changing it's shape without prior permission of the Court; not to transfer it's ownership without prior permission of the Court, etc; the production of the vehicle may be ensured at any later stage of the trial or at the time of confiscation proceeding.

In the High Court of Uttarakhand at Nainital

(Before Ravindra Maithani, J.)

Abhijeet Kumar  v. State of Uttarakhand 

Criminal Misc. Application No. 368 of 2019

Decided on April 10, 2019,

Citation: 2019 SCC OnLine Utt 265

Key words
#vehicle
#seize