ARINDAM LODH,J. - (1.)Question arises for consideration in this criminal petition is whether Sec. 63 of the NDPS Act mandates the owner of a seized vehicle to file an application for releasing the vehicle on bail within one month from the date of its seizure, and such owner cannot file any application or claim for releasing his seized vehicle after expiry of one month.
(2.)A brief narration of facts may be outlined herein below:-
The police have detained and seized one TATA Ultra 1518 Truck, bearing No.MH-04-JK-8349 and recovered huge quantity of contraband articles. Driver of the vehicle was arrested. A case was registered as TLM PS Case No. 2021 TLM 059, under Sec. 20(b)(ii)(c)/25 and 29 of the NDPS Act. The owner of the vehicle filed an application on 23/3/2022 before the learned Special Judge, Khowai District for releasing the vehicle on bail, but, after expiry of one month. While disposing of the said bail application, learned Special Judge relied upon a judgment passed by this court in Crl. Petn. No.8 of 2018 Kishan Singh v. The State of Tripura, disposed of on 16/3/2018, wherein it was observed thus:

"... If the owner of the vehicle is not an accused in that case, a separate and independent proceeding has to be drawn for confiscation in terms of the express provisions in Sec. 60(3) of the NDPS Act to protect an innocent owner before confiscating his vehicle or conveyance. Thus, there is a right to the owner who claimed within 30 thirty days from the day of seizure, his title over the vehicle to have interim custody of the said vehicle subject to the adequate security till completion of the trial..."

(3.)Having quoted the aforesaid observation, the learned Special Judge has recorded a finding in the order dtd. 1/6/2022, passed in Special (NDPS) 01 of 2022 as follows:-
"In the instant case the petitioner did not pray for the vehicle within 30 days from the date of seizure.

Hence, in view of the judgment passed by the Hon'ble High Court of Tripura in Kishan Singh v. State of Tripura, the petitioner is not entitled to get interim custody i.e. bail of the said vehicle at this stage. Hence, the petition praying for releasing the vehicle is rejected."

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