Vishal v. State Of Haryana




  
  



   
   

 

 



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"10. In the landmark judgement in Sunderbhai Ambalal Desai's case (supra), the Hon'ble Supreme Court took serious note of the fact that a large number of seized vehicles and articles were kept in the police station totally unattended. Finding that there was no use to keep such seized vehicles at the police station for a long period, the Hon'ble Supreme Court directed the Judicial Magistrates to exercise the powers under Section 451 Cr.P.C. expeditiously and judiciously and entrust interim custody of articles and vehicles seized to the owner of the property or to the person who is entitled to be in possession of the property. The Hon'ble Supreme Court also made an observation that if the powers under Section 451 Cr.P.C. are judiciously exercised, the owner of the property would not suffer because of its remaining unused or by its misappropriation. Further, the Court or the police would not be required to keep the articles in safe custody. If proper panchnama before handing over the possession of the

[4] article is prepared, that can be used in evidence instead of its production of article before theCourt during trial.

13. A vehicle used for committing rape and murder is being released in the garb of Section 451 Cr.P.C. asinterpreted by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai's case (supra). When the vehicles seizedin such heinous crimes are released for interim custody, there is no logic in denying interim custody of the vehicleseized under the NDPS Act. Neither the State nor the owner of the vehicle is going to be benefited if the vehiclein the premises of the police station occupies a larger space posing inconvenience to the Police Department.Further, it is an open secret that when a vehicle is parked unattended, the valuable parts of the vehicle arecasually taken away or stolen.

Finally, when the Court comes to a conclusion that the vehicle was used forcommitting the crime, the vehicle which was kept in the open would have substantially deteriorated. Likewise, ifthe Courts take a final decision that the vehicle was not at all used for commission of the crime or the vehiclewas used without the knowledge of the owner thereof, the owner will have to collect only the scrap of the vehicle.In other words, nobody is going to be benefited out of idle parking of vehicle totally unattended in the premises ofthe police station."

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"60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.-

(1) xxxxx

(2) xxxxx

(3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use.

63. Procedure in making confiscation.-(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharge, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62, and, if it decides that the article is so liable, it may order, confiscation accordingly.

(2) Where any article or thing seized under this Act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of an article or thing shall be made until the expiry of one month, from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim: Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance [or controlled substance] the opium poppy, coca plant or cannabis plant is liable to speedy

[6] and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale." 5

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