Patna High Court
Kashi Nath Mishra vs The State Of Bihar on 15 April, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31408 of 2023
Arising Out of PS. Case No.-20 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Patna
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Kashi Nath Mishra S/O- Chandra Shekhar Mishra Village- Gaura Ps- Birol
Dist- Darbhanga Presently- Raipur Sonarpur Ps- Narendrapur Dist- South 24
Paragnas W. B
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union Of India Through Intelligence Officer, Ncb, Patna Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sada Nand Roy
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 15-04-2025
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The present quashing petition has been
filed on behalf of the petitioner for quashing the order
dated 16.03.2023 passed by the learned 15 th Additional
Sessions Judge, Bhagalpur in NDPS Special P.S. Case No.
66/2021 in NCB Crime No. 20 of 2021 by which the
learned court below was pleased to rejected the petition
filed by the petitioner for release of the vehicle of the
petitioner bearing registration no. NL 01K 1622 which
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was seized by the NCB in NCB crime no. 20 of 2021.
3. The brief facts of this case is that one 18
wheeler heavy weight troller (Truck) bearing Reg. No. NL
01K 1622 which belongs to this petitioner found involved
in carrying 350 Kg of "Ganja" which is 17.5 times more
than commercial quantity of "Ganja". The "Ganja" is a
prohibited drug in view of NDPS Act 1985.
4. For the aforesaid occurrence, on the basis of a
written complaint, NDPS Case No. 66/2021 dated
14.03.2022
in NCB crime no. 20 of 2021 was registered
under section 20(b)(2)(c), 25, 29 of NDPS Act.
5. A petition for release of aforesaid 18 wheeler
heavy weight troller (Truck) was pressed before learned
15th Additional Sessions Judge, Bhagalpur, by petitioner,
which was rejected on 16.03.2023, considering the
provision of Section 60 of the N.D.P.S. Act, as the vehicle
in issue was used for carrying contraband i.e. Ganja and
thus same is subject to confiscation.
6. Learned counsel appearing on behalf of the
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petitioner submitted that confiscation of vehicle in issue is
yet to be made and keeping vehicle in police station shall
not serve any judicial purpose, where petitioner is ready
to produce the same before the Trial Court as and when
directed, after its release, against adequate sureties, as
directed by the Court.
7. It is further submitted that in view of fact,
as petitioner not appears connected in any manner with
recovered “Ganja” his vehicle cannot be confiscated. In
support of his submission learned counsel relied upon the
the judgment of Hon’ble Supreme Court in the case of
Bishwajit Dey Vs. The State of Assam as reported in
2025 SCC OnLine SC 40.
8. In this context, learned counsel also relied
upon the legal report of Hon’ble Supreme Court as
available through Sunderbhai Ambalal Desai vs.
State of Gujarat as reported in (2002)10 SCC 283.
9. It is further submitted that name of petitioner
has been transpired in this case only being registered
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owner of the 18 wheeler heavy weight troller (Truck)
found carrying “Ganja”.
10. Learned A.P.P. for the State, while opposing
the quashing petition, submitted that petitioner is the
registered owner of 18 wheeler heavy weight troller
(Truck) bearing Reg. No. NL 01K 1622, which was
involved in carrying 350 Kg of “Ganja”.
11. At this stage, it would further be apposite to
reproduce the para nos. 21, 22, 23 and 26 of the
Bishwajit Dey Case (supra), which reads as under:-
21. Upon a reading of the NDPS Act, this Court is
of the view that the seized vehicles can be
confiscated by the trial court only on conclusion of
the trial when the accused is convicted or acquitted
or discharged. Further, even where the Court is of
the view that the vehicle is liable for confiscation, it
must give an opportunity of hearing to the person
who may claim any right to the seized vehicle
before passing an order of confiscation. However,
the seized vehicle is not liable to confiscation if the
owner of the seized vehicle can prove that the
vehicle was used by the accused person without
the owner’s knowledge or connivance and that he
had taken all reasonable precautions against such
use of the seized vehicle by the accused person.
22. This Court is further of the opinion that there
is no specific bar/restriction under the provisions of
the NDPS Act for return of any seized vehicle used
for transporting narcotic drug or psychotropic
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criminal case.
23. In the absence of any specific bar under the
NDPS Act and in view of Section 51 of NDPS Act,
the Court can invoke the general power under
Sections 451 and 457 of the Cr. P.C. for return of
the seized vehicle pending final decision of the
criminal case. Consequently, the trial Court has the
discretion to release the vehicle in the interim.
However, this power would have to be exercised in
accordance with law in the facts and circumstances
of each case.
26. If the respondent-State’s interpretation is
accepted, then in a case where an accused is
arrested carrying heroin in a private plane or a
private bus or a private ship without the knowledge
and consent of the management and staff of the
private plan or bus or ship, the plane/bus/ship
would have to be seized till the trial is over!
12. It would also be apposite to reproduce the
para no. 21 of the Sunderbhai Ambalal Desai Case
(supra), which reads as under:-
“21. However, these powers are to be exercised
by the Magistrate concerned. We hope and trust
that the Magistrate concerned would take
immediate action for seeing that powers under
Section 451 CrPC are properly and promptly
exercised and articles are not kept for a long time
at the police station, in any case, for not more than
fifteen days to one month. This object can also be
achieved if there is proper supervision by the
Registry of the High Court concerned in seeing that
the rules framed by the High Court with regard to
such articles are implemented properly.”
13. Consequently, as confiscation proceeding
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is yet to start the present application stands allowed with
directions to the trial Court to release the Vehicle in
question in the interim on superdari in favor of
petitioner/ rightful owner after preparing a video and still
photographs of the vehicle i.e., 18 wheeler heavy weight
troller (Truck) bearing registration No. NL 01K 1622 after
obtaining all information/documents necessary for
identification of the vehicle, which shall be authenticated
by the Investigating Officer, owner of the Vehicle and
accused by signing the same. Further, the petitioner shall
not sell or part with the ownership of the Vehicle till
conclusion of the trial and shall furnish an undertaking to
the trial court that she shall he would produce the
aforesaid Vehicle within one week of being so directed
and/or pay the value of the Vehicle (determined according
to Income Tax law on the date of its release), if so
ultimately directed by the Court.
14. Considering the aforesaid, the order dated
16.03.2023 as passed by the learned 15 th Additional
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Sessions Judge, Bhagalpur in NDPS Special P.S. Case No.
66/2021 in NCB Crime No. 20 of 2021 is hereby quashed
and set aside.
15. Accordingly the seized 18 wheeler heavy
weight troller (Truck) bearing registration no. NL 01K
1622 with aforesaid conditions be released in favour of
petitioner on furnishing proper sureties to the satisfaction
of the learned 15th Additional Sessions Judge, Bhagalpur
in NDPS Special P.S. Case No. 66 of 2021 in NCB Crime
No. 20 of 2021
16. The application stands allowed.
17. Let a copy of this judgment be
communicated to the learned Trial Court forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 17.04.2025 Transmission Date 17.04.2025
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