Introduction

Key Issue

The primary question in this case was whether vehicles allegedly linked to drug trafficking under the Narcotic Drugs and Psychotropic Substances (NDPS) Act can be confiscated before the trial concludes.

Case Background

1. Facts of the Case:

A truck belonging to Bishwajit Dey was seized on April 10, 2023, after authorities discovered 24.8 grams of heroin hidden in soap boxes. While the main accused was arrested, the truck owner and the driver were not implicated in the chargesheet.

2. Judicial History:

Both the trial court and the Gauhati High Court denied the interim release of the truck, citing strict provisions of the NDPS Act.

Supreme Court's Observations

1. Confiscation Timing:

The NDPS Act permits confiscation of vehicles only after the trial concludes and the accused is either convicted, acquitted, or discharged.

2. Innocent Ownership:

If the owner demonstrates they had no knowledge of the illegal activity and took reasonable precautions, the vehicle can be released.

3. Interim Vehicle Release:

The Court clarified that the NDPS Act does not prevent the temporary release of vehicles. Courts can exercise powers under the Code of Criminal Procedure (CrPC) to return seized vehicles before the trial ends.

4. Preventing Property Damage:

Prolonged custody of vehicles often results in depreciation, rendering the confiscation meaningless.

Court's Final Decision

The Supreme Court ordered the release of Bishwajit Dey's truck on the condition that he complies with safeguards to prevent its misuse during the trial. It emphasized the need for judicial balance between enforcing stringent drug laws and avoiding unnecessary hardship for innocent parties.

Legal Takeaways

1. Vehicle confiscation under the NDPS Act must align with the trial’s conclusion.
2. Temporary release of vehicles is allowed if the owner proves their lack of involvement and due diligence.
3. Courts can rely on CrPC provisions to grant interim possession of vehicles with appropriate conditions.

Importance of the Judgment

This ruling underlines the importance of protecting innocent owners from undue suffering while ensuring strict enforcement of drug-related laws. It also stresses the need to preserve property value during prolonged trials.

Case Reference:
Bishwajit Dey vs. The State of Assam
Criminal Appeal No. 87/2025