Court is of view, a seized vehicle is not liable to confiscation if owner can prove, the seized vehicle was used by accused without his knowledge or connivance and he had taken all reasonable precautions against such use of the seized vehicle by accused. Court is of opinion, there is no specific bar/restriction under The Narcotic Drugs and Psychotropic Substances Act, 1985 for return of any seized vehicle used for transporting narcotic drugs or psychotropic substances. Trial Court has discretion to release the seized vehicle in interim.
It is trite law, more absurd a suggested conclusion, more Court will lean against it. That is ordinarily so whether one is construing a contract or a statute (Hatzl v. XL Insurance Co. Ltd., [2009] EWCA Civ. 223; Noone v. Governor of HMP Drake Hall, [2010] UKSC 30).
If State’s interpretation is accepted, then where an accused is arrested carrying heroin in a private ship, without knowledge and consent of management and staff, the ship would have to be seized till trial is over!
– Hon’ble Justice Manmohan, Bishwajit Dey v. State of Assam, [Criminal Appeal No. 87 of 2025].
