Prafulla Debbarma vs State Of Tripura

This criminal petition has been filed by the petitioner under Section 482 Cr.P.C. read with section 57 of the NDPS Act for releasing the vehicle bearing registration No. TR-06-A-7143 (Honda Scooty) in favour of the petitioner which was seized in connection with Khowai police station case No. 32 of 2020 under Section 21(a) of the NDPS Act.

Heard Mr. P. Sen Choudhury, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned PP appearing for the State-respondent.

Mr. Sen Choudhury, learned counsel has submitted that the vehicle bearing registration TR-06-A-7143 was detained on the allegation of transporting narcotic substance. Mr. Sen Choudhury has drawn my attention to the FIR wherefrom I find that neither any contraband articles were seized from the possession of Pranab Debbarma, son of the petitioner nor from the detained vehicle (Honda Scooty) 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 either from the possession of the rider of the vehicle, Pranab Debbarma or from the seized vehicle (Honda Scooty). So, the instant case is clearly distinguishable from the above referred two cases.

It is found that the petitioner, Sri Prafulla Debbarma in his petition has stated that he is completely innocent of the alleged offence and the petitioner neither allowed anybody to carry any contraband items by use of his vehicle nor any contraband items were recovered from the seized vehicle at any point of time.

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-7143 (Honda Scooty), 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-7143 (Honda Scooty), as seized in connection with Khowai PS case No. 32 of 2020 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 Prafulla Debbarma 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.