Please Log in / Register to access the full text of this judgment and the entire database
(2025) Law Today Live Doc. Id. 19785 = 2025 INSC 32 = AIR 2025 SC 549 : (2025) 3 SCC 241 = AIR 2025 SC (Criminal) 452
(Arising out of Special Leave Petition (Crl.)No.13370 of 2024)
Decided on: 07.01.2025
A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 51 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451, 457 – Return of seized vehicle – Superdari – There is no specific bar/ restriction under the provisions of the NDPS Act for return of any seized vehicle in the interim pending disposal of the criminal case -- In view of Section 51 of NDPS Act, the Court can invoke the general power under Sections 451 and 457 of the Cr.P.C. for return of the seized vehicle pending final decision of the criminal case -- Trial Court has the discretion to release the vehicle in the interim.
(Para 22, 23)
B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 51, 60 – Code of Criminal Procedure, 1973 (2 of 1974), Section 451, 457 – Return of seized vehicle – Superdari – Vehicles in police custody are stored in the open -- If the Vehicle is not released during the trial, it will be wasted and suffering the vagaries of the weather, its value will only reduce -- On the contrary, if the Vehicle in question is released, it would be beneficial to the owner (who would be able to earn his livelihood), to the bank/financier (who would be repaid the loan disbursed by it) and to the society at large (as an additional vehicle would be available for transportation of goods) – Appeal allowed, trial Court directed to release the Vehicle in the interim on superdari after preparing a video and still photographs of the vehicle and after obtaining all information/documents necessary for identification of the vehicle, which shall be authenticated by the Investigating Officer, owner of the Vehicle and accused by signing the same – Conditions imposed.
(Para 34-36)