The Kerala High Court recently observed that the Piloting vehicle accompanying contraband vehicle will not amount to wrong, and therefore, held that it cannot be confiscated under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
In the case of Firozalavi T.V. v. State of Kerala & Ors., four accused were arrested for the transportation of contraband in the tempo van.
The accused had bought 154.3 kg ganja from outside the state in order to supply the same to Kerala. For this, the 3rd accused person also rented a tempo van from its RC owner.
They infiltrated the ganja in special racks formed in the van.
The first and the second accused were supposed to drive the said tempo van, containing the substance. The third and fourth accused persons had given the vehicle pilot by following in another car.
All four of the accused were caught and attested. The police seized the contraband, the tempo van, and even the pilot car.
The owner of the pilot car, claimed for his vehicle which was in the custody of the police. The petitioner, RC in his application to the Drugs Disposal Committee stated that the vehicle had no involvement in the crime as the contraband was not transported through his pilot car.
The claim was rejected by the committee.
In return, an instant petition was filed by him. Advocates R. Rohith and Harishma P. Thampi on behalf of the petitioner, presented the case.
The Single Judge Bench of Justice A. Badharudeen observed that“…when the statute says an animal or conveyance used in carrying any narcotic or psychotropic substances alone is subject matter of confiscation, the horizon of the legislative intent cannot be extended to a wider magnitude to hold that the vehicle piloting or accompanying another vehicle, which carried the contraband also as one carrying the contraband. Therefore, the vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying the contraband and the said vehicle is not a subject matter of confiscation under Section 52-A of the NDPS Act”.
The Respondent’s Representative, Public Prosecutor Renjit George Affirms that as per Section 52-A of the NDPS Act, the pilot car would also be a subject matter of confiscation. He further enunciates that it is the court’s discretion to decide whether the article or things seized is liable to confiscate under Section 60 or 61 or 62 of the NDPS Act or not. Likewise, whether the accused has been convicted or acquitted or discharge under this act.
The court perused Section 60 of the NDPS Act, and ascertained that the car could not be held as a conveyance used in carrying any narcotic drug or psychotropic substances under sub-section (3). It further set aside the order of the Drug Disposal Committee, and directed the vehicle to be produced before the Special Court, within ten days from the date of receipt of copy of the judgment.
The following conditions were also imposed by the Court:
- The car shall be released to the to the petitioner on production of original RC Book and Insurance Certificate for verification before the Special Court along with its attested copies and photographs showing its number on the front side and rear side, after serving copies of the same to the Public prosecutor also;
- After being satisfied with the ownership of the car, the Special Court shall release the same to the petitioner on executing bond for Rs.3,00,000/- by the petitioner with two solvent sureties, each for the like amount to the satisfaction of the Court below, undertaking to produce the vehicle before the Court, as and when directed; and
- The petitioner shall also file an affidavit stating that, the vehicle shall not be sold or encumbered without the prior permission of the Special Court or till disposal of the case. The Court further clarified in this regard that the release of the vehicle would not however, absolve the criminal liability of the third and fourth accused persons.
CASE TITLE: FIROZALAVI T.V. V. STATE OF KERALA & ORS. BY: AYUSHI BHUSHAN, 1st YEAR BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
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