Supreme Court Grants Conditional Release of Seized Vehicle in NDPS Case: Bishwajit Dey vs. State of Assam

The case of Bishwajit Dey vs. The State of Assam concerns the seizure of a vehicle under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant, Bishwajit Dey, approached the Supreme Court after the Gauhati High Court rejected his plea for the release of his truck, which had been seized in connection with a narcotics-related case. The core legal question before the Supreme Court was whether a vehicle used to transport drugs can be released to its owner during the trial, considering that the NDPS Act does not explicitly provide for such interim relief.

The Supreme Court’s ruling in this case is significant as it clarifies the conditions under which a vehicle seized under the NDPS Act may be returned to its owner before the trial concludes. This case also delves into the interplay between the Cr.P.C. and the NDPS Act, examining whether general provisions of criminal procedure can be applied in cases governed by special laws.

Facts of the Case

The appellant, Bishwajit Dey, is a truck owner who purchased a vehicle (Registration No. AS-01-NC-4355) for commercial purposes, paying monthly installments of Rs.1,00,020. The truck was stopped at a naka (checkpoint) on April 10, 2023, while traveling from Dimapur, and was subjected to a police search. During the search, officers found two identical soap boxes wrapped in black polythene inside the tarpaulin, containing 24.8 grams of heroin. The police arrested Md. Dimpul, who was traveling in the truck, as the primary accused.

Petitioner’s Arguments

The appellant argued that he had no involvement in the crime and that the accused, Md. Dimpul, had boarded the truck without informing the driver about the contraband. The appellant contended:

Neither he nor the driver was aware of the presence of heroin.
The accused, Md. Dimpul, was an independent passenger who had concealed the drugs.
The remand report explicitly stated that the heroin was found in the possession of the accused.
The chargesheet under Section 21(b) of the NDPS Act named only the accused, and not the truck owner or driver.
The truck had been left exposed to sun and rain at the police station, leading to rapid deterioration and loss of value.

To support his plea for release, the appellant cited multiple judicial precedents, including:

Sunderbhai Ambala Desai vs. State of Gujarat (2002) – This case emphasized that seized vehicles should not be left idle in police custody and should be released to rightful owners under suitable conditions.
Bhola Singh vs. State of Bihar – Held that interim custody of vehicles could be granted under reasonable safeguards.

Respondent’s Arguments

The State of Assam opposed the appellant’s plea, asserting that:

The NDPS Act is a special law that does not provide for interim release of vehicles.
The truck was material evidence and needed to be preserved for trial.
There was a high risk that if released, the vehicle might be used for further illegal activities.
The law treats vehicles used for narcotics transportation as liable for confiscation under Section 60(3) of the NDPS Act.
Drug traffickers often use third-party vehicles to evade detection.

Key Legal Issues

The case raised several important legal questions:

Does the NDPS Act bar interim release of a seized vehicle?
Can Sections 451 and 457 of the Cr.P.C. be invoked in NDPS cases?
Should the vehicle be confiscated automatically, or should the owner’s lack of knowledge be a factor in deciding interim relief?

Supreme Court’s Analysis

The Supreme Court analyzed the issue from multiple perspectives and made the following key observations:

“There is no specific bar under the NDPS Act against the release of a seized vehicle in interim custody.”
“The Cr.P.C. can be applied in cases where the NDPS Act is silent.”
“The vehicle owner is not an accused and was unaware of the contraband being transported.”
“If the vehicle remains in police custody, it will deteriorate and lose its value.”

Verbatim Court Observations:

“If the vehicle in the present case is kept in the custody of police till the trial is over, it will serve no purpose.”

“Seized vehicles suffer natural wear and tear. Retaining them indefinitely imposes an unjust hardship on owners who are not accused of any wrongdoing.”

Final Judgment: Release of the Vehicle

The Supreme Court allowed the appeal and directed the trial court to release the truck under the following conditions:

A video recording and photographs of the truck must be taken before release.
The owner must furnish a bond ensuring that the truck will be presented in court if required.
The vehicle cannot be sold or transferred until the trial is concluded.
If the trial court orders confiscation, the owner must return the vehicle or pay its value.

Conclusion

This judgment clarifies the legal position regarding seized vehicles in NDPS cases. While courts must remain vigilant against drug trafficking, innocent vehicle owners should not suffer undue hardship. The ruling ensures a balanced approach, upholding both legal principles and economic fairness.

Petitioner Name: Bishwajit Dey.
Respondent Name: The State of Assam.
Judgment By: Justice Sanjay Karol, Justice Manmohan.
Place Of Incident: Assam.
Judgment Date: 07-01-2025.

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