GAWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present misc petition has been filed challenging the order dt. 21.07.2011 passed by the learned Special Judge, NDPS Act Cases, Jodhpur whereby the learned Special Judge instead of deciding the question of confiscation or otherwise of the vehicle bearing Pick -up Jeep RJ -19 IG 6779/ has consigned the file to record. Petitioner being registered owner of the jeep in question, on the conclusion of the trial of the case, was given a notice under Sec. 63 of the NDPS Act. The petitioner appeared and gave her evidence before the trial Court. Thereafter, the trial Court by the impugned order dt. 21.07.2011 has consigned the file to record pending disposal of the appeal. The vehicle continues to be in the police custody. Learned counsel for the petitioner submits that the procedure as laid down under Sec. 60 of the NDPS Act does not prescribe for the result of the appeal to be considered before making the confiscation or otherwise. Learned counsel has referred to the provisions of Sections 60 and 63 of the NDPS Act which reads as under: -

(2.) LEARNED counsel submits that a bare reading of these provisions reveals that the trial Court is competent to decide the issue of confiscation or otherwise of the vehicle irrespective of the accused being convicted or acquitted on being discharged and an independent system of enquiry is provided under the provisions of these two sections whereby learned trial Court has to decide whether the vehicle is to be confiscated or not. Learned counsel submits that once the enquiry envisaged under these provisions had been concluded, then the necessary follow up of the proceeding was that the trial Court had to decide the matter. Learned counsel submits that peculiar scheme of the section does not even provide for an appeal against the order of confiscation. Thus, he argues that the Legislature has consciously framed these provisions whereby the result of the appeal is immaterial for deciding the question of fate of the seized article or vehicle.

(3.) UNDER the scheme of these provisions, the question of confiscation or otherwise of the vehicle seized in connection with the recovery of narcotics has to be decided by the trial Court by way of an independent enquiry. The fate of the criminal case be it conviction or acquittal has not been considered to be relevant for the purpose of the confiscation proceedings. Even an appeal has not been provided against an order of confiscation. Thus, this Court feels that the direction of the trial Judge to consign the file in relation to the confiscation proceedings to record, cannot be said to be just and proper. Resultantly, the misc. petition succeeds. The order dt. 21.07.2011 passed by the Special Judge, NDPS Act Cases, Jodhpur is set aside and the learned Special Judge is directed to conclude the proceedings of confiscation under Sec. 60 and 63 of the NDPS Act in relation to the vehicle in question on the merits of the case at the earliest. Stay petition is also disposed of.