AJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner has assailed the order dtd. 27/8/2022 passed by learned Special Judge, N.D.P.S. Cases, Chirawa, District Jhunjhunu, whereby, the application for releasing the vehicle under Ss. 451 and 457 Cr.P.C. was dismissed.

(2.) It is argued by learned Counsel for the petitioner that confiscation proceedings cannot be initiated without waiting for the conclusion of the trial. It is argued that the learned Trial Court vide impugned order dtd. 27/8/2022 has dismissed the application for releasing the vehicle without initiating any confiscation proceedings. It is also argued that in the present case charge-sheet has already been filed against the accused and trial may take its own time to conclude, therefore, if the vehicle is not released its condition may deteriorate and its value would be reduced substantially as it is lying in an open place at the police station, therefore, revision petition may be allowed.

(3.) Learned Public Prosecutor vehemently opposed the revision petition. He argued that the accused was carrying opium containing weight of 130 grams without any permit on the said motor cycle. It is also submitted that under Sec. 60(3) of the NDPS Act any vehicle used to carrying any narcotic drug is liable to confiscation unless the owner of the vehicle proved that it was so used without the knowledge or connivance of the owner himself. It is also argued that the proceedings for confiscation of a vehicle can be initiated against the owner at any stage and it is not required that such proceedings be initiated after concluding the trial.