9911796707
TMI Blog2007 (7) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. 3. It is contended by learned Counsel for the petitioner that the petitioner is a registered owner of the vehicle Tata Spacio bearing registration No. RJ04/T-0379, which was seized by the police while it was used as conveyance by transporting 7 quintals and 28 kgs. of poppy straw in 18 bags on 15-7-2005. It is further contended by the learned Counsel for the petitioner that no useful purpose will be served in allowing the vehicle to remain at police station during the pendency of the case. Learned Counsel for the petitioner has relied on a decision of Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat and two decisions of this Court in Sant Lal v. State of Rajasthan 2006 (2) RLW 890 and in Govind Singh v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistration has been shown on the vehicle. In fact, the vehicle which was checked and seized by the police bears the registration No. RJ04-T-0379, whereas in the vehicle;, it was displayed GJ-12P-5124 . The police' registered a crime report for the offences under Sections 6/15 of the NDPS Act and 420, 467, 468, 471 and 120-B, IPC. 7. The occupant of the said vehicle Dinesh Kumar claimed himself to be the owner of the said vehicle on the strength of agreement for sale, which was entered into in his favour by its registered owner, who is petitioner herein and placed on record a document showing that he has paid a sum of ₹ 1,00,000/- to its owner Kita Ram petitioner herein on 5-5-2005 and the remaining amount has been paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istration certificate stands in his favour and thus, once the petitioner claimed that he is not the owner of the Vehicle on the relevant date of occurrence, now the petitioner cannot be permitted to seek the interim custody of the vehicle on the basis of registration certificate stands in his name. The vehicle, which was found using as a conveyance and transporting a huge quantity of poppy straw i.e. 7 quintals ad 28 kgs. is subject to confiscation under Sub-section (3) of Section 60 of the NDPS Act. 8. Sub-section (3) of Section 60 of the NDPS Act provides that any animal or conveyance used in carrying any narcotic drugs or psychotropic substance, (or controlled substances) or any article liable to confiscation under Sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s agent. 10. In Dharm Pal v. State of Haryana 2000 (2) EFR 44 (P H), the Punjab and Haryana Court held that the petitioner himself was driving the vehicle at the time of the alleged occurrence. There is nothing to show at this stage, that the vehicle in question was used for carrying the narcotic drugs and psychotropic substance without his knowledge or connivance or that he had taken all reasonable precautions against the misuse. Therefore, unless the petitioner is' able to establish these factors, the vehicle in question is liable to be confiscated and cannot be returned on superdari, at this stage. In view of the specific provisions contained in Section 60 of the NDPS Act, the vehicle cannot be ordered to be released on ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
