The Supreme Court ruled that vehicles involved in drug trafficking under the NDPS Act can be confiscated after the trial is complete. In cases where no specific restriction exists under the Act, courts can use their general authority under the CrPC to decide on returning seized vehicles before the criminal case is resolved. This decision reinforces stringent measures against drug-related offenses while ensuring procedural fairness during ongoing trials.
New Delhi: The Supreme Court ruled that vehicles used for transporting drugs can only be seized after the trial concludes, either with a conviction, acquittal, or discharge of the accused.
A bench consisting of Justices Sanjay Karol and Manmohan stated that there is no explicit prohibition under the Narcotic Drugs and Psychotropic Substances (NDPS) Act against the interim release of seized vehicles, as long as the owner is not involved in the crime.
The bench noted,
“Upon a reading of the NDPS Act, this court is of the view that the seized vehicles can be confiscated by the trial court only on conclusion of the trial when the accused is convicted or acquitted or discharged.”
Additionally, the court emphasized that if a vehicle is to be confiscated, the owner must be given a chance to be heard. Justice Manmohan, who authored the judgment, explained that a seized vehicle cannot be confiscated if the owner can prove that it was used by the accused without their knowledge and that they took all necessary precautions against misuse.
In the absence of a specific prohibition in the NDPS Act, the courts can utilize their general powers under the Criminal Procedure Code (CrPC) to return the seized vehicle while awaiting a final decision in the criminal case.
The verdict stated,
“Consequently, the trial court has the discretion to release the vehicle in the interim. However, this power must be exercised in accordance with the law, depending on the specific facts of each case,”
This judgment arose from an appeal by Bishwajit Dey, who challenged a Gauhati High Court order that upheld the trial court’s decision to deny the release of his truck seized in a narcotics case.
The truck was reportedly found transporting 24.8 grams of heroin hidden in soap boxes during a police inspection on April 10, 2023. While the main accused, Md Dimpul, was arrested, neither the truck’s owner nor the driver was named in the chargesheet.
The Supreme Court allowed the release of the vehicle, arguing that a strict interpretation of the NDPS Act could lead to unjust outcomes, such as the indefinite seizure of planes, buses, or ships used without the owner’s knowledge in drug trafficking. The court also highlighted that vehicles left unattended in police custody tend to deteriorate and stressed the importance of preventing waste.
The apex court stated,
“If the vehicle in the present case is kept in the custody of police until the trial concludes, it will serve no purpose. This court takes judicial notice that vehicles in police custody are often stored outdoors. Consequently, if the vehicle is not released during the trial, it will suffer damage from the elements, and its value will diminish,”
In this case, since the truck owner was not named in the chargesheet and relied on the vehicle for his livelihood, the court concluded that releasing the vehicle would benefit not only the owner but also the financier and society as a whole by ensuring its productive use.
Case Title
BISHWAJIT DEY VERSUS THE STATE OF ASSAM
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