Case Note & Summary
The petitioner, Mukul Karandikar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court (Bench at Aurangabad) seeking a writ of mandamus directing the respondents (State of Maharashtra, Commissioner of Police, Aurangabad, and Police Inspector, Jawaharnagar Police Station) to hand over the motorcycle (vehicle) seized under Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The petitioner claimed ownership of the vehicle and argued that it was not liable to be confiscated under Section 60 of the NDPS Act as it was not used in the commission of any offence. The respondents opposed the petition, contending that the vehicle was seized in connection with a crime and should remain in police custody pending trial. The court, after hearing both sides, allowed the petition and directed the release of the vehicle to the petitioner on interim custody subject to conditions, including furnishing a bond of Rs. 1,00,000 and an undertaking not to transfer or alienate the vehicle. The court held that the vehicle was not liable to be confiscated under Section 60 of the NDPS Act and that the petitioner was entitled to its interim custody.
Headnote
A) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 43 - Interim Custody of Seized Vehicle - Petitioner sought return of motorcycle seized under Section 43 of NDPS Act - Court held that the vehicle was not liable to be confiscated under Section 60 of NDPS Act as it was not used for commission of offence - Petitioner entitled to interim custody subject to conditions - Held that the vehicle be released on furnishing bond and undertaking not to transfer or alienate the vehicle (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to interim custody of the motorcycle seized under Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending trial.
Final Decision
The court allowed the petition and directed the respondents to release the vehicle to the petitioner on interim custody subject to conditions: petitioner to furnish a bond of Rs. 1,00,000 and an undertaking not to transfer or alienate the vehicle.
Law Points
- Interim custody of vehicle seized under NDPS Act
- Section 43 of NDPS Act
- 1985
- Return of seized property
- Conditions for release of vehicle
