Case Note & Summary
The petitioner, J.R. Ravikumar, filed a criminal petition under Section 482 Cr.P.C. challenging the orders dated 31.05.2019 passed by the III Addl. Senior Civil Judge & CJM, Dharwad, and dated 01.07.2019 passed by the Prl. Dist. & Sessions Judge, Dharwad, in Crl. R.P. No. 66/2019, which rejected his application for interim custody of his Scorpio car seized in Crime No. 74/2019 of Vidyagiri Police Station. The petitioner had lodged a complaint on 07.05.2019 alleging that he was cheated by a person named Fayaz who promised to sell gold at a lesser price. The petitioner and his friend Zakir Hussain went to Dharwad on 04.04.2019 and entered a house called "Matha Pitru Chaya" at Rajatgiri, where the police raided and seized the vehicle along with gold and cash. The petitioner claimed ownership of the vehicle and sought its release under Section 451 Cr.P.C. The trial court rejected the application on the ground that the vehicle was used in the commission of an offence under the NDPS Act. The revisional court confirmed the order. The High Court, after hearing both sides, held that the vehicle is not required for evidence and its continued detention would cause hardship to the petitioner. The court allowed the petition, set aside the impugned orders, and directed the release of the vehicle on supurdnama subject to the petitioner furnishing a bank guarantee of Rs. 5,00,000/- and an undertaking not to alienate or change the vehicle. The court also directed the petitioner to produce the vehicle as and when required.
Headnote
A) Criminal Procedure - Interim Custody of Vehicle - Section 451 Cr.P.C. - Release of Seized Property - The petitioner sought release of his Scorpio car seized in Crime No. 74/2019 under the NDPS Act. The trial court and revisional court rejected the application. The High Court held that the vehicle is not required for evidence and its continued detention would cause hardship. The court directed release on supurdnama with conditions including furnishing of bank guarantee and undertaking not to alienate or change the vehicle. (Paras 1-10) B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Seizure of Vehicle - Interim Custody - The vehicle was seized under the NDPS Act. The court held that mere seizure does not bar release under Section 451 Cr.P.C. if the vehicle is not needed for evidence and its release would not hamper trial. The court allowed the petition and set aside the impugned orders. (Paras 2-10)
Issue of Consideration
Whether the courts below erred in rejecting the application for interim custody of the vehicle (Scorpio car) seized in connection with Crime No. 74/2019 under the NDPS Act, and whether the petitioner is entitled to release of the vehicle under Section 451 Cr.P.C.
Final Decision
The High Court allowed the petition, set aside the impugned orders dated 31.05.2019 and 01.07.2019, and directed the release of the Scorpio car to the petitioner on supurdnama subject to the petitioner furnishing a bank guarantee of Rs. 5,00,000/- and an undertaking not to alienate or change the vehicle. The petitioner was also directed to produce the vehicle as and when required.
Law Points
- Interim custody of vehicle under Section 451 Cr.P.C.
- Release of property pending trial
- Conditions for release of seized vehicle
- Application of Section 451 Cr.P.C. in NDPS cases
