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 52A, 60 -- Confiscation - Vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying contraband and said vehicle cannot be subject matter of confiscation u/s 52-A of the Act...........
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..........
Criminal Procedure Code, 1973, Section 452, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - Notice issued to petitioner to show cause against proposed confiscation - But, trial Court failed to conduct any enquiry into relevant aspects as contemplated u/s 60(3) and S.63 First Proviso of NDPS Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - Aspect of confiscation of vehicle can be looked at appropriate stage but it cannot be termed to be a circumstance to deny release of vehicle on sapurdari - Vehicle released on sapurdari...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b)(2), 28, 8(c), 22(c) -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner owner of seized truck - Application for release of truck rejected on the ground that a report is submitted by police that matter is forwarded to District Magistrate for..........
