ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition under Sec. 397/401 of Cr.P.C. against the Order dated 4/9/2020 passed by the Special Judge, N.D.P.S. Act Cases, Jodhpur in Criminal Case No. 237/2020 pertaining to FIR No. 134/2020 registered at the Police Station Basni, District Jodhpur for the offence under Sec. 8/18 of N.D.P.S. Act, whereby the prayer to release the seized Maruti Swift Dzire car on supurdaginama in favour of the petitioner, has been rejected.

(2.) As per the facts of the case, on 23/6/2020, during the course of Nakabandi, the petitioner was found with 1.600 kgs. Opium being carried by him in the subject swift car, upon which, the criminal case was registered against him under the provisions of the N.D.P.S. Act. After investigation, the charge-sheet was filed against the petitioner under Sec. 8/18 of the N.D.P.S. Act. During investigation, the accused-petitioner filed an application under Sec. 457 of Cr.P.C. seeking release of seized vehicle on supurdaginama, which has been rejected by the trial court vide order impugned dated 4/9/2020 on the ground that the subject car is liable to be confiscated under the provisions of the N.D.P.S. Act and the possibility of using the subject vehicle again in committing the offence cannot be ruled out. Being aggrieved with the above order, this revision petition has been filed by the petitioner.

(3.) As per provisions of Sec. 60 of the N.D.P.S. Act, the vehicle used in carrying the narcotic substance can be confiscated only after the final judgment of the case. In appropriate circumstances e.g. if the owner succeeds to prove that it was used without knowledge or connivance of the owner himself, then it would not be necessary to order confiscation of the vehicle. In these circumstances, it would not correct on the part of the trial court to reject the application on the ground that the vehicle is liable to be confiscated.