NDPS Act | Seized Vehicle Not Liable To Be Confiscated If Accused Used It Without Owner's Knowledge Or Connivance : Supreme Court

The Supreme Court ruled that a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act for the alleged transport of drugs cannot be confiscated if the owner of the vehicle can prove that it was used by the accused person without the owner's knowledge or connivance “However, the seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that the vehicle was used by the accused person without the owner's knowledge or connivance and that he had taken all reasonable precautions against such use of the seized vehicle by the accused person.”, the bench comprising Justices Sanjay Karol and Manmohan said. Also, the Court clarified that the seized vehicles can be confiscated by the trial court only after the trial is completed i.e., when the accused is convicted or acquitted or discharged, and an opportunity of hearing to the person who may claim any right to the seized vehicle before passing an order of confiscation. Setting aside the High Court's decision, the judgment authored by Justice Manmohan held that the Narcotic Drugs and Psychotropic Substances Act, 1985 doesn't prohibit the interim release of vehicles that are seized for allegedly transporting contraband. Also From Judgment: NDPS Act Doesn't Bar Interim Release Of Seized Vehicle Pending Disposal Of Criminal Case : Supreme Court NDPS Act| When Can Owner Of Vehicle Used To Carry Contraband Be Arrayed As Accused?