Sunil Solanki vs The State Of Jharkhand
2023 Latest Caselaw 426 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. M. P. No. 1493 of 2022
         Sunil Solanki                                 .... .. ... Petitioner(s)
                                    Versus
         1.The State of Jharkhand.
         2.The Narcotics Control Bureau, through its Intelligence Officer,
         Ranchi.                                        .. ... ...Opp. Party(s)
                        ...........

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

         For the Petitioner(s)         : Mr. Rupesh Singh, Advocate
                                          Mr. Jagdeesh, Advocate
         For the State                : Mr. Ravi Prakash, Spl. P.P.
         For the CBI                  : Mr. Anil Kumar, ASGI
                                          Ms. Chandana Kumari, AC to ASGI
                        ......

08/ 24.01.2023. The instant Cr.M.P. has been filed for quashing the order dated 24.03.2022 passed by learned Principal Sessions Judge cum Special Judge, NDPS, Chatra, whereby petition for release of the vehicle i.e. Scorpio bearing Registration No.RJ-19UE-0646 has been rejected in connection with N.D.P.S. Case No.06 of 2022 (arising out of Chatra Sadar P.S. Case No.155 of 2021) registered under Section 15 of N.D.P.S. Act and Section 120B IPC.

2. As per the case of the prosecution, huge quantity i.e. 2293 kg of poppy straw was seized from another vehicle i.e. truck bearing Registration No.RJ07 GC-0221 and this vehicle was escorting the truck. The seizure took place on 27.06.2021. The release of the said vehicle has been rejected mainly on the ground that owner of the aforesaid Scorpio has not appeared in this case and the report from the concerned Police Station regarding its release was not received by the learned court below.

3. It is submitted by learned counsel that the petitioner is the owner of the vehicle, but he is not named in the FIR nor the charge-sheet has been submitted against him. Therefore, question of appearing him before the court does not arise. There is nothing on record to suggest that any confiscation proceeding has been initiated and in any case, the vehicle cannot be confiscated and only narcotics can be subjected to confiscation under the provisions of NDPS Act.

4. Learned counsel in support of his submission has placed reliance in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, passed by Hon'ble Supreme Court in Special Leave Petition (Crl.) No.2745 of 2002/ 2002 Supp. (3) SCR 39 and further upon the judgment passed by the High Court of Karnataka at Bengaluru in the case of Rathnamma vs. State Represented by PSI, Channagiri Police Station in Criminal Petition No.3571 of 2021.

5. By referring to the judgment, it is submitted that in none of the cases, the release of the vehicle has been denied because of the reason that narcotics were seized from those vehicles. In this case, even the narcotic has not been seized from the vehicle, in question.

6. Learned ASGI for the CBI has vehemently opposed the prayer by submitting that the provision of Section 52A of the NDPS Act is wide enough to cover the conveyance which is used in the crime related to NDPS and it was for this reason the said vehicle has not been released. The Court has further power of obstruction but also the conveyance in view of the said provision and further G.S.R. 38(E) dated 16.01.2015 has been issued under Section 52A (2) of the NDPS Act, 1985 where the manner of disposal of narcotics drugs and conveyance has been provided. The vehicle has to be disposed of in the light of the Committee to be constituted for the disposal of the seized substance.

7. Heard, learned counsel for the parties and perused the materials available on record. The said vehicle was not used for transportation of any narcotic substance and no gainful purpose will be served by destruction of the vehicle and neither owner of the vehicle has been impleaded as an accused or any charge-sheet has been submitted.

Under the circumstances, in view of the ratio decided in the case of Sunderbhai Ambalal Desai (supra), vehicle i.e. Scorpio bearing Registration No.RJ-19UE-0646 in connection with N.D.P.S. Case No.06 of 2022 (arising out of Chatra Sadar P.S. Case No.155 of 2021) is directed to be released by depositing security bond of Rs.3 Lakh to the satisfaction of learned court below.

Accordingly, the instant Cr. M. P. is allowed.

I.A. No.9198 of 2022 stands disposed of.

(Gautam Kumar Choudhary, J.) Sandeep/