Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), Criminal Procedure Code, 1973, Section 451 -- Confiscation of vehicle used in carrying contraband - Release of - Owner of vehicle not named as co-accused - It would not be in interest of justice to deny him release of vehicle on sapurdari - Vehicle released on sapurdari...........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle engaged in illegal mining, as petitioner had no valid license to undertake mining operations in concerned area - Vehicle not only liable to be seized but also be confiscated, as confiscation proceedings are separate and independent proceedings which can be initiated by Court concerned..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Applicant is the registered owner of vehicle - He is not the accused - No useful purpose would be served by keeping the vehicle in police station as there is likelihood of condition of said vehicle being deteriorated and ultimately vehicle may become junk - Application allowed with conditions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457 -- Vehicle seized in an offence u/s 21(c) NDPS Act - Release of - In the absence of any specific bar under NDPS Act, interim custody of seized vehicle can be given to registered owner of vehicle by invoking the general provisions of Ss.451, 457..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 60, 63, Criminal Procedure Code, 1973, Section 451, 457 -- Vehicle seized in offence under NDPS Act - Release of - Seized vehicle can be returned to registered owner on furnishing bank guarantee and on conditions that registered owner would produce the said vehicle before trial Court as and when called..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506, 511, 380, 451, 34 -- Quashing of proceedings - Compromise - Offence u/ss 376, 506, 511, 380, 451, 34 IPC - Although FIR was registered under the alleged offences but when statement of complainant was recorded u/s 164 Cr.P.C,, no such allegation was leveled - It was basically a..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Release of Vehicle on Sapurdari - Vehicle involved in an offence u/ss 15, 61 & 85 of NDPS Act - Confiscation of vehicle in question will be considered along with main case - Trial of case still pending - Vehicle is standing in police station - No useful..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, Criminal Procedure Code, 1973, Section 451 -- Contraband - Release of seized vehicle - Vehicle in question taken into custody for an offence under NDPS Act - Trial of said case is still pending - Question of confiscation of said vehicle will be considered along with main case - Vehicle is standing in..........
Criminal Procedure Code, 1973, Section 451, 452 -- Release of seized vehicle - Vehicle in question carrying forest produce - Condition of furnishing bank guarantee on release of vehicle rightly imposed - However, vehicle in question is old one as such bank guarantee of Rs.5 Lac substituted by Rs.3 lacs...........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal vehicle seized in a dacoity case - It is of no use to keep such seized vehicle at police station for a long period - Since criminal case is already disposed of there is no reason to continue vehicle under detention - Directions issued to hand over custody to law registered owner...........
