Interim custody of Vehicle seized for offence under NDPS Act can be granted

Tikeshwar Singh Vs State of Chhattisgarh (Chhattisgarh High Court)

Vehicle seized for commission of offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985; interim custody can be granted under Section 451/457 of the Code of Criminal Procedure, 1973.

FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT

1. This petition under Section 482 of the CrPC is directed against the order dated 15-10-2020 passed by the learned Special Judge (NDPS), Korba in Criminal MJC No. 1245/2020 by which the petitioner’s application under Section 457 of the CrPC for grant of interim custody of the vehicle seized for commission of offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act’), has been rejected finding no merit.

2. The petitioner is registered owner of motorcycle namely, Bajaj Pulsar 180 DTS bearing registration No.CG-28/AT-0901, which was found involved in the commission of offence punishable under Section 20(b) of the NDPS Act. He filed an application under Section 457 of the CrPC for interim custody of the aforesaid vehicle, which has been rejected holding that since the vehicle in question is liable to be confiscated under Section 60 of the NDPS Act, therefore, it cannot be directed to be released on interim custody.

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