Order 10

Order Details: COPY OF ORDER
Pdf Text: IA No. 3-23 SC 524-23
STATE Vs. Rohit Khatri & Ors.
FIR No. 149/2023
PS Crime Branch
U/sec 20 NDPS Act
07.11.2023
This is an application for release of vehicle bearing No. DL-
9CAT 8857 moved on behalf of accused/applicant Sushila
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Johri Mal, ld. Counsel for accused/applicant.
Arguments already heard on the application for
release of vehicle on superdari moved on behalf of
applicant/registered owner namely Sushila.
It is, inter alia, stated in the application that applicant
is the registered owner of vehicle bearing registration No. DL-
9CAT 8857 make Tata Altroz which is presently lying in
Malkhana at police station in the present FIR. The investigation
in the matter has already been completed. The copy of RC has
been annexed with the application. 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 Rohit Khatri and Vishal Kumar
were arrested while they were carrying 601 gram charas in the
said vehicle. The contraband as well as the vehicle in question
was seized. During the investigation, the seized vehicle was
found registered in the name of Sushila (mother of Rohit Khatri).
It is submitted that applicant is registered owner of vehicle and
IO has no objection, if same is released to applicant on superdari.
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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. DL-
9CAT 8857 make Tata Altroz is ordered to be released on
superdari subject to furnishing superdari to the tune of Rs.
5,00,000/- (Rupees Five Lakhs Only) to the satisfaction of the
IO/SHO concerned subject to the following conditions:
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.
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III) That IO shall prepare detail punchnama mentioning colour,
appearance, chasis 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 the parties.
The application stands disposed of accordingly.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
07.11.2023
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