Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Registered owner of vehicle has a right to be heard by Court before the final order of confiscation is passed and seized vehicle is put to auction in terms of provision of S.63 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Confiscation - Jurisdiction of Special Court - Confiscation proceedings initiated and conducted by Special Court as established under the Act - It is Special Court which decides the liability of an article, thing or vehicle to confiscation and such decision is taken by Special Court after conviction,..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Jurisdiction of Special Court - During pendency of trial and confiscation proceedings, Special Court is empowered to release an article, thing or vehicle to interim custody of the rightful owner..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Provisions of confiscation in Ss.60, 63 of NDPS Act or seriousness of the allegation levelled against petitioner cannot be grounds for refusal to release an article, thing or vehicle to interim..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 61, 62, 63 -- Confiscation - Recovery of 4 kg 200 gm poppy husk along with amount of Rs.4,91,100 - Death of accused during pendency of trial - Trial of case abated and accused was survived by wife and two small children - Condition of abatement does not squarely fall in any of provisions u/ss 60, 61, 62, 63..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- First Proviso - Confiscation - if article or thing seized in a case involving narcotic drugs or psychotropic substances is established as belongs to accused himself in the trial held against him, trial court shall decide on the liability of those to confiscation in the very same proceedings itself..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 61, 62, 63 -- Confiscation of vehicle - No notice served upon appellant before confiscation of vehicle as per Ss.60 to 63 of the Act - Impugned order of confiscation of vehicle suffers from illegality and infirmity and thus, set aside - Matter remitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- Confiscation of vehicle - Court alone has jurisdiction to confiscate vehicle seized under NDPS Act - No officer or police or Excise Department is vested with power of confiscation of vehicle under the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451 -- Confiscation of vehicle - There is no provision under the Act, which empowers trial Court to make an order for granting interim custody of conveyance confiscated under the Act pending trial - However, Court can invoke general provision of S.451 Cr.P.C. for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- Confiscation of vehicle - When any conveyance used for carrying narcotic drug or psychotropic substance is liable to confiscation, confiscation order can be made by Court only at the end of trial after hearing person who may claim any right thereto and considering evidence, if any, which he may..........
