Drug case:Punjab & Haryana HC orders release of seized vehicle after accused’s death

In the case in hand, one Kuldeep Sharma was arrested on February 16, 2014, for the illegal possession and transportation of 7 kg of opium, which was seized from a car.

The Punjab and Haryana high court has ordered the release of a car seized by the Narcotics Control Bureau (NCB) in a drugs seizure case, as the accused owner died during trial and proceedings were abated against him.

The family members had argued that the trial stood abated against the accused, and as the trial itself never took place, the question of confiscation of the vehicle does not arise. Hence, it should be released to the family. (Getty Images/iStockphoto)

“Apparently, Sections 60(3) and Section 63(1) of the NDPS Act would envisage a situation where the trial has taken place and there is a judgment of conviction or acquittal. Yet another situation is contemplated wherein an accused is discharged. In each of these situations, the vehicle can be confiscated, subject to a hearing to be accorded to a person claiming a right over the same. However, in the instant case, as the trial itself never took place on account of the death of the accused, Kuldeep Sharma, the question of confiscation would not arise,” the bench of justice JS Bedi said while overturning the judgment of a Fatehgarh Sahib court.

In the case in hand, one Kuldeep Sharma was arrested on February 16, 2014, for the illegal possession and transportation of 7 kg of opium, which was seized from a car. Upon conclusion of the investigation, NCB filed a challan before the special judge, Fatehgarh Sahib. However, during the trial, Sharma expired in June 2016 while in custody. In September 2016, proceedings were dropped against him. However, while deciding the application on the confiscation of the car, the court, despite demand from the family members seeking release of the vehicle, ruled in favour of NCB in 2019. It was this order that was under challenge before the high court.

The family members had argued that the trial stood abated against the accused, and as the trial itself never took place, the question of confiscation of the vehicle does not arise. Hence, it should be released to the family.

On the other hand, NCB had argued the vehicle was confiscated under Section 60(3) of the NDPS Act. Therefore, the vehicle is liable for confiscation. Whether the accused is convicted, acquitted, or discharged, the only requirement in law is that the person who claims to be the owner thereof has a right of hearing prior to confiscation, the NCB had argued.

The court noted that a vehicle can be confiscated under Section 60(3) of the NDPS and that the confiscation can take place where the accused is convicted, acquitted or discharged. “… the Act is silent as to whether or not a vehicle can be confiscated in a situation wherein the accused who was using the said vehicle for transportation of contraband has passed away and proceedings/trial qua him stand abated,” it noted further adding that in the case in hand as the trial itself never took place on account of the death of the accused, the question of confiscation would not arise.

The court quashed the trial court order of February 2019 and ordered that the vehicle be released on superdari (temporary release of seized property) to the family members of the accused.