GANESH CHANDRA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The dispute centres round as to whether during the pendency of a proceeding under S. 20(b)(ii)(b) of the N.D.P.S. (Amendment) Act, a vehicle involved in transportation of contraband articles can be released in favour of the owner under S. 457, Cr. P.C.

(2.) By the impugned order dated 13-12-2002, the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur in 2(a) CC No. 4 of 2002 declined to release a Maruti Van bearing registration number OR-02B 8487 in favour of the petitioner who claims to be the owner of the said vehicle on the ground that the possibility of reusing the vehicle again for transporting the contraband articles cannot be ruled out. Admittedly the said vehicle was caught red-handed when transporting Ganja.

(3.) The learned counsel for the petitioner submitted that the vehicle was used for the purpose of transporting the contraband articles without his knowledge and contravening the directions issued by him. It is further forcefully submitted that if the vehicle is released in his favour, he would undertake to maintain the same in proper condition and produce the same as and when required and would abide by the final decision of the proceeding. At the other hand, learned counsel for the State opposed the said submission and contended that in consonance with the provisions of sub-section (3) of S. 60 of the N.D.P.S. Act, the vehicle in question is liable to be confiscated to the State and if the same is released during the pendency of the trial, it would not only cause great prejudice to the provisions, but also encourage further misuse of the vehicle.