Seized Vehicles Can Be Returned Under Specific Conditions: Calcutta High Court

High Court Cites Supreme Court Precedents in Ordering Return of Vehicle Seized for Allegedly Transporting Ganja

In a recent judgment, the Calcutta High Court allowed the return of a vehicle seized under allegations of transporting commercial quantities of ganja. The decision, delivered by Justice Ajay Kumar Gupta, reversed the Special Court’s refusal to return the vehicle, underscoring the applicability of Sections 451 and 457 of the Code of Criminal Procedure (CrPC) in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The case, titled Surajit Das v. The State of West Bengal (Case No. C.R.R. 528 of 2023), involves the seizure of a vehicle (No. WB 32J-4623) owned by the petitioner, Surajit Das. The vehicle was implicated in transporting commercial quantities of ganja following a search conducted by the Egra Police on October 13, 2022. The petitioner challenged the Special Court’s order dated December 12, 2022, which denied the return of the vehicle, citing potential misuse for further illegal activities.

The High Court examined multiple precedents and legal provisions concerning the interim custody of seized vehicles. It relied on landmark judgments, including Sunderbhai Ambalal Desai v. State of Gujarat and Tridip Mitra v. State of West Bengal, which affirm the applicability of Sections 451 and 457 CrPC even in NDPS cases.

Justice Gupta referenced the Supreme Court’s directive in Sunderbhai Ambalal Desai v. State of Gujarat, which emphasized that “it is of no use to keep such seized vehicles at the police stations for a long period.” The judgment advised criminal courts to return seized vehicles on conditions such as furnishing a bond and ensuring the vehicle’s presentation during the trial.

The court underscored the necessity of balancing law enforcement with the rights of property owners. It emphasized that keeping vehicles in custody for prolonged periods could result in depreciation and damage, rendering them valueless. The judgment noted, “A vehicle if kept at thana or Court compound open to sky for indefinite period would become scrap material within a year or two for want of maintenance.”

Justice Gupta remarked, “The provisions of Sections 451 and 457 of CrPC are not inconsistent with the NDPS Act, and the seized vehicle may be returned to the rightful claimant on conditions ensuring its availability during trial.”

The High Court’s decision to allow the return of the vehicle upon furnishing a bond with surety of Rs. 8,00,000/- and additional conditions marks a significant interpretation of the intersection between the CrPC and the NDPS Act. This judgment highlights the judiciary’s commitment to protecting property rights while ensuring compliance with legal procedures. The decision is expected to influence similar cases, reinforcing the legal framework for interim custody of seized vehicles.

Date of Decision : July 8, 2024

Surajit Das v. The State of West Bengal