Vehicle used for conveyance of contraband articles released on furnishing of bank guarantee

Prasad K.R Vs Assistant Commissioner of Excise (Kerala High Court)

Kerala High Court Held that vehicle used for conveyance of contraband articles under the NDPS Act can be confiscated. But till the proceedings are concluded, there is no prohibition in releasing the vehicle under section 451 Cr. P.C after imposing stringent conditions. Accordingly, directed to release vehicle on furnishing of bank guarantee.

Facts- Present petition is filed by the petitioner against order passed by the Sessions Court by which an application filed by the petitioner u/s. 457 Cr. P.C. to release a vehicle bearing Registration No.KL-40/H-0452 is dismissed.

The prosecution case is that accused 1 to 10 entered into a criminal conspiracy for possession and transportation of Ganja. Pursuant to the conspiracy, while they were transporting Ganja on 12.09.2021 at about 7.25 am along the Salem -Kanyakumari National Highway at Padinjare Yakkara, the Excise Circle Inspector, Excise Enforcement Squad intercepted the tourist bus bearing Reg.No. KL-40/H-452 driven by the 1^st accused and cars bearing Reg.No. KL-07/CG-4567 and KL-33/G-6670. On search of tourist bus, the Circle Inspector seized 82.5 kg of dried Ganja. He also seized 42.5 Kg of dried Ganja from the car bearing Reg.No. KL-07/CG-4567 and 20.5 kg of dried Ganja from the car bearing Reg. No. KL-33/G-6670. Accused Nos.2 and 3 were found in the car bearing Reg.No. KL-07/CG-4567 and accused Nos.4 and 5 were found in the car bearing Reg. No. KL-33/G-6670. It is the case of the prosecution that the 1^st accused as per the direction of the 6^th accused transported the Ganja from Andhra pradesh with the assistance of accused Nos.2 to 6, 9 and 10. According to the petitioner, the owner of the vehicle is not an accused in the present case.

Conclusion- Held that if the vehicle is used for conveyance of contraband articles under the NDPS Act, the vehicle can be confiscated. But till the proceedings are concluded, there is no prohibition in releasing the vehicle under section 451 Cr. P.C after imposing stringent conditions, if the petitioner is ready to furnish the bank guarantee for the value of the vehicle which is to be assessed by the competent authority. There can be a direction to release the vehicle on condition that the petitioner will not repeat the offence using the vehicle and if such a situation arise, the court can repossess the vehicle. Similarly, if the confiscating authority ordered confiscation, the bank guarantee can be invoked in accordance with law.

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