Registered Owner Not Entitled To Interim Release Of Vehicle Seized In NDPS Case If He Is Also An Accused: Rajasthan High Court

The Rajasthan High Court has held that the registered owner of a vehicle, seized in relation to an NDPS case, is not entitled to get interim custody of the vehicle merely on the grounds of ownership if he/she himself/herself is one of the accused in the case. The bench of Justice Anoop Kumar Dhand was hearing a petition challenging the order of the trial court wherein the application filed by the petitioner, seeking interim release of the vehicle was rejected. As per the FIR, around 52 Kgs narcotics was recovered from the subject vehicle of which the petitioner was the registered owner, and he was also arrayed as one of the accused in the FIR along with other co-accused. It was the case of the petitioner that since the investigation was complete, and the vehicle was not required for the purpose of investigation, it should be released. After hearing the contentions, the Court made a reference to the Supreme Court case of Bishwajit Dey v. State of Assam in which the Court gave certain scenarios where the vehicle seized in an NDPS case could or could not be released. It was held that in cases where the owner or his agent (driver or cleaner of vehicle) was the person from whom the contraband was recovered, the vehicle may not be released. However, where the contraband was recovered from a stolen vehicle or from a third-party occupant of the vehicle, it could be released. “The first two scenarios deal with the situations where supurdagi of such vehicles has not been permitted when the registered owner of the vehicle was found to be involved in commission of offences punishable under NDPS Act such as when the contraband/drugs have been recovered from the possession of the owner of the vehicle or his agent such as driver or cleaner of the vehicle.”In this background, the Court held that the petitioner himself being one of the accused in the FIR, fell in the scenario wherein the interim release of the vehicle from which the narcotics were recovered, was not allowed by the Apex Court.Accordingly, the petition was dismissed. Title: Khurshid v State of Rajasthan Citation: 2026 LiveLaw (Raj) 3Click Here To Read/Download Order

Registered Owner Not Entitled To Interim Release Of Vehicle Seized In NDPS Case If He Is Also An Accused: Rajasthan High Court

Nupur Agrawal

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