Tarun Kumar Majhi vs State Of West Bengal - NDPS Act - Seized Vehicles

NDPS Act - To direct the owner not to sell the vehicle till the trial concludes against the accused, would be extremely unfair as no owner can be directed to possess and own the vehicle indefinitely - 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- There is no specific bar/restriction under the NDPS Act for release in the interim of any seized vehicle- -Referred to Bishwajit Dey vs. State of Assam.