VidhiSangh

Supreme Court of India · 06/01/2025

BISHWAJIT DEY versus THE STATE OF ASSAM

[2025] 1 S.C.R. 281 · 2025 INSC 32

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Summary

The Supreme Court held that the NDPS Act contains no specific bar on the interim release of a seized vehicle, so trial courts may release it under Sections 451 and 457 CrPC (applicable through Section 51 of the NDPS Act). Where neither the owner nor his agent is accused and the contraband was recovered from a third-party occupant, the vehicle should normally be released on superdari on conditions. The appellant's truck was ordered to be released.

Issues

  1. Whether a vehicle seized in connection with an offence under the NDPS Act can be released to its owner in the interim, pending trial, under Sections 451 and 457 CrPC.
  2. In what circumstances such interim release should be granted, particularly where the owner and driver are not accused and the contraband was recovered from a third-party occupant.

Provisions considered

Held

Result

Appeal allowed; trial court directed to release the truck to the appellant on superdari after a video, still photographs and identification documents are prepared and authenticated by the investigating officer, owner and accused; the appellant must not sell or transfer it until the trial ends and must undertake to surrender it within one week of being directed or pay its value (determined under income tax law as on the date of release) if so ordered.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 281.