Supreme Court: Confiscation of Vehicle Under NDPS Act Requires Hearing Registered Owner
The Supreme Court has ruled that under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act), a vehicle’s confiscation order is illegal if passed without hearing the registered owner. Citing Section 63 of the NDPS Act, the Court emphasized that an article cannot be confiscated until one month post-seizure and without providing a hearing opportunity to anyone claiming rights to the property.
A bench comprising Justices JB Pardiwala and Manoj Misra addressed an appeal against the Rajasthan High Court’s order affirming a vehicle’s confiscation under the NDPS Act. The appellant, the vehicle’s registered owner, was not heard before the confiscation order was issued.
In the case, after the trial court acquitted two accused, the court ordered the vehicle’s confiscation. The appellant, who was absconding during the trial, was later arrested and released on bail. He challenged the confiscation on grounds of not being heard, but the High Court rejected his challenge.
The Supreme Court overturned the confiscation direction, noting that the owner had a right to be heard. It directed the appellant to apply for a hearing on the confiscation before the trial court, which must decide within two weeks.
Case Title: Pukhraj v. State of Rajasthan
