Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - S.60 of the Act does not provide for confiscation of any vehicle immediately after its seizure...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Interim custody should not be denied to owner of vehicle, simply because it is liable to be confiscated u/s 60 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Confiscation of any article can be done u/s 60 of the Act when accused is convicted or acquitted or discharged - Since trial of crime in question has yet not been concluded, order of confiscation of vehicle is illegal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Seized vehicles can be confiscated by Trial Court only on conclusion of trial when accused is convicted or acquitted or discharged - Further, even where Court is of the view that vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Appropriate stage for NCB to seek confiscation of vehicle would come only when trial is concluded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - For confiscation of vehicle, burden comes on to owner of vehicle u/s 60(3) of the Act, if involvement of vehicle or accused proved...........
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..........
