GUWAHATI: The Supreme Court of India has ruled that vehicles seized under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be confiscated if the owner can demonstrate that the vehicle was used for illegal purposes without their knowledge or involvement. The ruling was delivered by a bench comprising Justices Sanjay Karol and Manmohan, provides clarity on the legal framework surrounding such cases.
ALSO READ: Calling A Woman's Body 'Fine' Is Sexual Harassment, Rules Kerala HC
“However, the 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.”, the bench comprising Justices Sanjay Karol and Manmohan said.
The bench delivered this verdict while hearing an appeal against a decision by the Gauhati High Court, which had upheld the trial court’s refusal to allow the interim release of a truck seized under Sections 451 and 457 of the Code of Criminal Procedure (Cr.P.C.). Overturning the High Court’s decision, the Supreme Court clarified that the NDPS Act does not prohibit the interim release of seized vehicles. It asserted that such vehicles could indeed be released during the trial under the provisions of Sections 451 and 457 of the Cr.P.C.
The Court stated that an owner must prove that the vehicle was used by the accused without their knowledge and that they had taken all reasonable precautions to prevent such misuse. If this is established, the vehicle cannot be confiscated.
The judgment emphasised that confiscation of seized vehicles can only occur after the trial concludes. This means the trial court can confiscate a vehicle only after the accused has been convicted, acquitted, or discharged. Moreover, before issuing an order of confiscation, the trial court must provide an opportunity for the person claiming ownership or rights over the vehicle to be heard.