Bijoy Deb vs State Of Tripura

This criminal petition has been filed by the petitioner under Section 482 read with section 457 of the Cr.P.C. for releasing the vehicle bearing registration No. TR-06-A-9744 (Apache RTR 160) in favour of the petitioner which was seized in connection with Teliamura police station case No. 99 of 2019 under Sections 22(b)/29 of the NDPS Act.

Heard Mr. A. Acharjee, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned PP appearing for the State-respondent.

Mr. Acharjee, learned counsel has submitted that the vehicle bearing registration TR-06-A-9744 was detained on the allegation of transporting narcotic substance. Mr. Acharjee, has drawn my attention to the FIR wherefrom I find that no contraband articles were being seized from the detained vehicle (Apache RTR 160) belonging to the petitioner.

I have perused the case diary as produced by learned Public Prosecutor.

I have also taken note of a decision rendered by two coordinate Benches of this Court in Criminal Petition no. 01 of 2020 [Sri Prasenjit Deb vs. State of Tripura] and Criminal Petition no. 09 of 2018 [ Sri Sankar Das vs. State of Tripura].

After perusal of the said two decisions, it is found that in both the cases, contraband goods were found to be transported by the seized vehicles but, in the instant case, the FIR reveals that no contraband goods were being seized from the seized vehicle (Apache RTR 160). So, the instant case is clearly distinguishable from the above referred two cases.

Section 60(3) of the NDPS Act, 1985 clearly envisage that any animal or conveyance used in carrying any narcotic drug or psychotropic substance or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use.

In the instant case, the ingredient of sub-section (3) of Section 60 of the NDPS Act is found to be absent. Since, it transpires that no narcotic substances were being transported by the vehicle bearing registration no. TR-06-A-9744 (Apache RTR 160), this court is of the view that the vehicle may be released in favour of the petitioner.

Accordingly, the vehicle bearing registration No. TR-06-A-9744 (Apache RTR 160), as seized in connection with Teliamura PS case No. 99 of 2019 shall be released on furnishing a bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned Special Judge (NDPS) Khowai. It is further made clear, that in the event of any order/direction for production of the vehicle, in question, in connection with the said case, the petitioner-owner, Sri Bijoy Deb shall remain duty bound to produce the same before the lawful authority.

With the above observation and direction, the instant petition stands allowed and is disposed of.

Return back the case diary.