Case Note & Summary
The petitioner, Kawal Jeet Kaur, is the registered owner of a vehicle (a truck) that was seized by the Excise Range Office, Indi, in Crime No. 105/2023-24 for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), specifically Sections 20(b)(II)(B), 25, 61, 8(B), 8(C), 15(C), and 18(C). The vehicle was allegedly used to transport illicit liquor. The petitioner filed an application under Section 457 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Principal District and Sessions Judge, Vijayapura, seeking interim custody of the vehicle pending trial. The Sessions Court dismissed the application on 10.07.2024 in Criminal Miscellaneous No. 981/2024. Aggrieved, the petitioner approached the High Court of Karnataka under Section 482 Cr.P.C. to quash the Sessions Court order and seek release of the vehicle. The High Court observed that the petitioner was not an accused in the case and that no confiscation proceedings had been initiated under the NDPS Act. The court held that the vehicle could be released on interim custody subject to conditions to protect the interests of the prosecution. The High Court allowed the petition, set aside the Sessions Court order, and directed the release of the vehicle to the petitioner upon furnishing a bank guarantee of Rs. 1,00,000, executing a personal bond, and undertaking not to alienate the vehicle or use it for illegal activities. The court also directed the petitioner to produce the vehicle as and when required by the trial court.
Headnote
A) Criminal Procedure Code - Section 457 - Release of Seized Property - Interim Custody - The petitioner, owner of a vehicle seized in an NDPS case, filed an application under Section 457 Cr.P.C. for its release pending trial. The Sessions Court dismissed the application. The High Court held that the vehicle could be released on interim custody subject to conditions, as the owner was not an accused and no confiscation proceedings were initiated. (Paras 1-5) B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(II)(B), 25, 61, 8(B), 8(C), 15(C), 18(C) - Seizure of Vehicle - Interim Release - The vehicle was seized for transporting illicit liquor under the NDPS Act. The High Court noted that the vehicle was not liable for confiscation under the Act and that the owner was not involved in the offence. The court directed release of the vehicle on furnishing a bank guarantee of Rs. 1,00,000 and other conditions. (Paras 2-5)
Issue of Consideration
Whether the Sessions Court was justified in dismissing the application under Section 457 Cr.P.C. for release of a vehicle seized in connection with an NDPS Act offence, and whether the High Court can interfere under Section 482 Cr.P.C.
Final Decision
The High Court allowed the petition, set aside the Sessions Court order dated 10.07.2024, and directed the release of the vehicle to the petitioner on interim custody subject to conditions: furnishing a bank guarantee of Rs. 1,00,000, executing a personal bond, undertaking not to alienate the vehicle or use it for illegal activities, and producing the vehicle as and when required by the trial court.
Law Points
- Section 482 Cr.P.C. can be invoked to quash orders refusing release of seized property
- Section 457 Cr.P.C. empowers court to release property pending trial
- NDPS Act does not bar release of vehicle used in offence if owner is not accused and no confiscation proceedings initiated
