Manipur High Court
Shyam Kishore Sahani vs Intelligence Officer on 25 July, 2024
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 13
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Crl.Rev.P. No. 3 of 2022
Shyam Kishore Sahani
.....Petitioner/s
- Versus -
Intelligence Officer, Narcotics Control Bureau, Imphal
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
25.07.2024
[1] Heard Mr. M. Rakesh, learned counsel for the petitioner
and Mr. W. Darakishwor, learned Sr. PCCG assisted by Ms. Niana,
learned counsel for the respondent.
[2] The petitioner approached this Court challenging the
order dated 24.11.2021 passed by the Ld. Special Judge (ND & PS),
Senapati in Cril.Misc.(Z) Case No. 14 of 2021 [Ref: NCB Crime No.
10/NCB,IMP/2021 dated 12.08.2021] U/S 8(c)/18(b)/25 & 29 ND & PS
Act, 1985 (as amended).
[3] The petitioner is the owner of the Tata Truck bearing
Regn. No. AS01DD-2757. The vehicle was allegedly seized along with
the opium in connection with the case and the Zima Application under
Section 451 Cr.P.C. was rejected on the ground that the petitioner, who
is the owner of the seized vehicle, had full knowledge about the seized
Crl.Rev.P. No. 3 of 2022 Page 1
opium and he used to transport the illegal opium in his vehicle in earlier
occasions too. As such, the vehicle has to be confiscated under
Section 60 (3) of the ND & PS Act, 1985.
[4] Mr. M. Rakesh, learned counsel for the petitioner,
submits that the provisions of the Cr.P.C. especially Section 451 deals
with the release of the seized article/vehicle during the pendency of the
trial is applicable in the proceeding under ND & PS Act. In this respect,
learned counsel for the petitioner relies on 9 (nine) judgments of
various High Courts (i) Hanif Uddin & Anr. vs. State of Assam & Anr.
reported as (2023) SCC OnLine Gau 628, (ii) Union of India vs.
Tejinder Singh reported as (2023) SCC OnLine Gau 729, (iii) Premjit
Roy vs. State of West Bengal reported as (2023) SCC OnLine Cal
873, (iv) Arif Khan vs. State of Rajasthan reported as (2022) SCC
OnLine Raj 3334, (v) Ashish Biswal vs. State of Chhattisgarh
reported as (2022) SCC OnLine Chh 2596, (vi) Hussain Mohammad
vs. State of Rajasthan reported as (2021) SCC OnLine Raj 865, (vii)
Vikram Kumar Mahto vs. State of Jharkhand reported as (2021)
SCC OnLine Jhr 1378, (viii) Ashok Kumar Kapoor vs. State of
GNCT of Delhi reported as (2018) SCC OnLine Del 10277 and (ix)
Anil Navnath Marathe vs. State of Maharastra & Anr. reported as
(2011) 2 Mh.L.J 903, wherein it was held that the provision of Cr.P.C.
with respect to Section 451 will be applicable for releasing on Zima the
seized vehicle during the proceeding under ND & PS Act. It is also
pointed out in these judgments that when the vehicles used in the
murder and rape case can be released on Zima, the same principle
Crl.Rev.P. No. 3 of 2022 Page 2
ought to be extended in the proceeding under ND & PS Act
notwithstanding the severity of the offences.
[5] Mr. W. Darakishwor, learned Sr. PCCG for the
respondent, submits that if the vehicle used in transportation of the
narcotic substance is released on Zima, there is likely to be used in
similar offences as recorded in the impugned order passed by the Ld.
Special Judge. Learned Sr. PCCG for the respondent further submits
that if the petitioner is convicted after the conclusion of the Trial Court,
the vehicle has to be confiscated under Section 63 of the ND & PS Act,
it will cause inconvenience to the Court and the prosecution and there
is likelihood of selling of the vehicle.
[6] Mr. M. Rakesh, learned counsel for the petitioner,
submits that the petitioner undertakes that he will not transfer the
vehicle make alteration of the Tata Truck if the same is released on
Zima and will produce before the Trial Court as and when directed and
he is ready to furnish sufficient bond. It is stated in the petition that the
value of the Tata Truck is Rs. 5 lakhs approximately.
[7] This Court has considered the materials on record, the
case law and the submissions made by the learned counsel for the
parties.
[8] There is no purpose of keeping the vehicle in police
custody when all the formalities have already been completed and the
matter is active trial. Accordingly, the impugned order dated 24.11.2021
is set aside and the vehicle i.e. Tata Truck bearing Regn. No. AS01DD-
2757 is released on Zima on the following condition that the petitioner
Crl.Rev.P. No. 3 of 2022 Page 3
shall deposit the bank guarantee of Rs. 5 lakhs before the Trial Court
and shall make an undertaking that the same will not be transferred or
make modification without the permission of the Trial Court and will
produce before the Trial Court as and when directed.
[9] With this direction, the petition is allowed and disposed
of.
[10] Send a copy of this order to the Ld. Special Judge (ND &
PS), Senapati for information.
JUDGE
Kh. Joshua Maring
KH. JOSHUA KH. JOSHUA MARING
MARING Date: 2024.07.29
10:10:43 +05'30'
Crl.Rev.P. No. 3 of 2022 Page 4
