In CRM-M-21181-2023 (O&M)- PUNJ HC - Punjab & Haryana refuses to grant directions for release of confiscated vehicle in which secret compartment was built for the purpose of transporting drugs
Justice Anoop Chitkara [08-05-23]

Read Order: Gurpreet Singh v. Union of India

LE Correspondent

Chandigarh, May 10, 2023: The Punjab & Haryana High Court has refused to set aside a Trial Court order that had declined a prayer for release of the vehicle confiscated for allegedly transporting narcotic drugs.

Aggrieved by the rejection of prayer to release the vehicle confiscated under section 60 of NDPS Act, 1985 vide order dated 19.05.2022 passed by learned Special Judge, Hoshiarpur, the petitioner, who claims to be registered owner of the vehicle, came up before the High Court.

Counsel for the respondent- Narcotics Control Bureau (NCB) had strenuously opposed the release of the vehicle in question on the ground that the vehicle was specifically modified creating secret chamber where drugs were being transported. His objection was that preparation of a secret chamber shows the mala fide intention of the vehicle owner as such modification could not have been done without his knowledge and consensus. The NCB counsel further submitted that it was specifically mentioned in the trial Court's order that in case the vehicle is released on sapurdari, then the accused may temper with the body of the same which would effect the trial.

Thus, a single-judge bench of Justice Anoop Chitkara held that the petitioner is not entitled to get release of the vehicle on sapurdari and there is no illegality in the trial Court order.

Accordingly, the present petition was dismissed.