Order 23

Order Details: COPY OF ORDER
Pdf Text: IA No. 8-24
SC 15-2024
State Vs. Rifat Ali @ Danish
FIR No. 667/2023
PS Bhalaswa Dairy
U/sec 21/25/29 NDPS Act
22.07.2024
This is second application seeking release of vehicle bearing No.
UP 25DL 5462 on superdari moved on behalf of father of
applicant/owner Sujat Ali.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Mayank Chauhan, Ld. Counsel for applicant.
Applicant Sujat Ali is also present. He has filed SPA
executed by registered owner Rifat Ali s/o Sujat Ali
in his favour.
Arguments heard on the application for release of
vehicle on superdari moved on behalf of father of registered
owner Sujat Ali.
It is, inter alia, stated in the application that accused
Rifat Ali is the registered owner of vehicle bearing registration
No. UP 25DL 5462 which is presently lying in Malkhana at
police station in the present FIR. The investigation in the matter
has already been completed. It is, therefore, requested that the
said vehicle be released on superdari as the same is no longer
required for the purposes of investigation/verification or any
other purpose.
Reply to the aforesaid application already filed
wherein it is stated that accused Rifat Ali s/o Sujat Ali was
arrested and car bearing No. UP 25DL 8462 S Cross Blue Colour
was seized by the police. During the investigation, the seized
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vehicle was found registered in the name of accused Rifat Ali s/o
Sujat Ali.
Ld. Addl. PP for the State has vehemently opposed
the application stating that accused Rifat Ali is the owner of
vehicle in question and the vehicle was used for transportation of
the illegal contraband.
Heard and considered.
It appears that the prosecution is lying upon the
procedure under Section 60 of the NDPS Act which is
concerning the confiscation of the goods/vehicle used for
concealing/transportation of the drugs/substances. The stage for
confiscation shall arise only at the conclusion of the trial as
prescribed in the procedure under Section 63 of the NDPS Act.
At this stage, the judgment of Hon'ble Division Bench of Hon'ble
Punjab & Haryana High Court in case titled as Gurvinder Singh
V. State of Punjab, 2016 (4) RCR Criminal 492 is relevant which
has dealt with the issue and it has been held that there is no
embargo to the interim release of vehicle pending trial under the
NDPS Act by placing reliance upon Section 451 of Cr.P.C. The
Hon'ble Delhi High Court too in Ashok Kapoor (surpa) case
allowed the same.
Under these circumstances, when the investigation is
complete and trial is yet to be concluded, the application in hand
is allowed. The vehicle in question bearing No. UP 25DL 5462
is ordered to be released on superdari subject to furnishing
superdari to the tune of Rs. 6,00,000/- (Rupees Six Lacs Only) to
the satisfaction of the IO/SHO concerned subject to the following
conditions:
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I) That Photographs with CD of the vehicle, chassis number/
engine number be clicked prior to release of the vehicle at the
cost of the applicant. The photographs be got signed from the
applicant.
II) That The MHC (M) shall get verified the invoices/Bill/ RC
etc, if any, from the compete company.
III) That IO shall prepare detail punchnama mentioning colour,
appearance, chassis number, registered owner, engine number
and other necessary details of the vehicle
(IV) That the applicant shall not dispose of the vehicle without
permission of the court.
(V) That the applicant/accused shall produce/surrender the
vehicle as and when required/ordered by the court during the trial
or at the conclusion of the trial.
(VI) That the applicant to ensure vehicle in question is not
misused in any manner during the said interim custody period.
A copy of the order be given dasti to applicant.
The application stands disposed of accordingly.
Dhirendra Rana
ASJ/Special Judge (NDPS)
North, Rohini Courts, Delhi
22.07.2024
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