Chandigarh
The Punjab and Haryana high court has held that vehicles seized by enforcement agencies in drug cases can be confiscated only after the accused is proven guilty.
“The appropriate stage for the Narcotics Control Bureau (NCB) to confiscate the vehicle would be after the trial is concluded,” the bench of justice Anoop Chitkara said, dismissing a bunch of petitions filed by the NCB.
The court was dealing with a bunch of appeals from the NCB in which it had challenged court orders of releasing vehicles involved in drugs cases on superdari (a legal provision that allows for the release of seized vehicles before the completion of legal proceedings).
The NCB was of the view that seized vehicles can only be disposed of as per the process prescribed under Section 52A (procedure for disposal of drugs) and 60 of the NDPS Act (means used to commit offence) and it was not appropriate for the court concerned to release the vehicle.
In all these cases, the release of vehicle was objected on grounds that the accused was present at the spot and vehicle was used for illicit transport with his knowledge. It also came on record that accused was the registered owner of the vehicle in question.
Allowing release of the vehicle, the trial court had reasoned that the vehicle was impounded and kept in the police station and its condition would deteriorate from time to time and as such it was released on superdari bonds for a sum of ₹4 lakh. “Alleged facts are yet to be proved. Till then, the vehicle cannot be allowed to rust in the police premises. Supurdari is just a temporary release of vehicle subject to final claims of anybody else which can be determined at later stage also. So it is in the interest of justice that vehicle should be released on sapurdari to the applicant,” in one such case a trial court had observed while rejecting NCB’s objections.
{{/usCountry}}Allowing release of the vehicle, the trial court had reasoned that the vehicle was impounded and kept in the police station and its condition would deteriorate from time to time and as such it was released on superdari bonds for a sum of ₹4 lakh. “Alleged facts are yet to be proved. Till then, the vehicle cannot be allowed to rust in the police premises. Supurdari is just a temporary release of vehicle subject to final claims of anybody else which can be determined at later stage also. So it is in the interest of justice that vehicle should be released on sapurdari to the applicant,” in one such case a trial court had observed while rejecting NCB’s objections.
{{/usCountry}}“The objection from NCB under Section 60 of NDPS Act deals with the confiscation of property, however such confiscation would come into effect when prosecution is able to prove its case. Section 60 of NDPS Act comes into operation when any offence punishable under this Act has been committed,” the bench further opined adding that the trial court was of the view that vehicle will deteriorate and released on superdari. It implies that in case the vehicle is liable for confiscation, then the vehicle is to be produced in the terms of superdari bonds. Thus, the enforcement agency can seek confiscation of vehicle only after trial is complete, it added.