SC Allows Conditional Release of Seized Truck Under NDPS Act

January 11, 2025

"Seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that the vehicle was used by the accused person without the owner's knowledge or connivance and that he had taken all reasonable precautions against such use of the seized vehicle by the accused person." Observed the bench of Justice Manmohan and Justice Sanjay Karol in their order pertaining to vehicles ceased under Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Briefly recalling the factual matrix, a Public Interest Litigation (PIL) has been filed before the Supreme Court, seeking interim relief for the release of a seized vehicle under the NDPS Act. Appellant Bishwajit Dey's truck was intercepted during a routine police naka check on April 10, 2023, where 24.8 grams of heroin were recovered, concealed in soap boxes wrapped in black polythene.

The Appellant claimed neither he nor his driver knew of the contraband, as the charge sheet named only one Md. Dimpul under Section 21(b) of the NDPS Act. He sought truck release under CrPC Sections 451 and 457, to prevent vehicle deterioration in custody.

The State opposed, arguing the NDPS Act deters drug trafficking, and under Section 60(3), release requires proof of no owner complicity. The truck was also deemed crucial evidence to demonstrate contraband concealment at trial.

In conclusion, considering that prolonged custody would cause deterioration and economic loss the bench ordered the truck's release under strict conditions, preparing a videographic inventory authenticated by the Investigating Officer, Appellant, and accused. The appellant was required to provide a bond ensuring the truck's production in court, refrain from selling or transferring it, and consent to pay its value if confiscated.

Case Details: Bishwajit Dey v. State of Assam.. Criminal Appeal No. 87 Of 2025

Advocates for petitioner: Mr. Adeel Ahmed, (AOR), Adv. Mr. Raja Chatterjee, Adv. Mr. Sabrish Ahmed & ors.

Advocates for respondent: Ms. Diksha Rai, AOR, Adv. Ms. Aakanksha Kaul, Adv. Ms.Apurva Sachdev & ors.