PATNA, India, March 8 -- Patna High Court issued the following judgment on Feb. 5:

1. Heard learned counsel for the parties and I intend to dispose of the petition at this stage.

2. No counter affidavit has been filed on behalf of State-respondents or the Union of India.

3. The petitioner has approached this Court seeking following relief(s):-

"(i) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to release the car vehicle bearing Registration No. BR06DF4017, Engine No. B4DA424EOL0222 which has been seized in connection with Sitamarhi Town P.S. Case No. 826/2023 registered under sections 399, 402, 414 of the Indian Penal Code read with Sections 25(1-b)A, 26 and 35 of the Arms Act read with Sections 8/20(b)(ii)(c)/22 of the N.D.P.S. Act in favour of the petitioner who is owner of the vehicle.

(ii) And for any other reliefs for which this Hon'ble Court may deem fit and proper."

4. Learned counsels appearing on behalf of Union of India and the other State-respondents submit that the present petition is not maintainable as the petitioner has not approached the learned trial court under Section 451 and 457 of the Code of Criminal Procedure and straightway come before this Court.

5. On specific query as to whether any confiscation proceeding has been started, learned counsel for the Staterespondents submits that he has no instruction in this regard. However, learned counsel for the petitioner submits that no confiscation proceeding has been started till date. Learned counsel further submits that as there is provision for confiscation under NDPS Act, and the confiscation proceeding has not been started till date, the petitioner was compelled to come before this Court under writ jurisdiction.

6. Since the matter concerns with the release of the vehicle and Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujrat, in (2002) 10 SCC 283 has held as under:-

"In our view, whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTYjMTE0MCMyMDI1IzEjTg==-hPg8Rlj2Lck=)

Disclaimer: Curated by HT Syndication.