Union of India, Thro Rakesh Kantilal Datania v. State of Gujarat
2017-09-04
ANANT S.DAVE, R.P.DHOLARIA
body2017
DigiLaw.ai
ORDER : ANANT S. DAVE, J. 1. This application is preferred by the applicant-Union of India through Intelligence Officer, Narcotics Control Bureau, Ahmedabad Zonal Unit-original complainant under Section 454(3) of the Code of Criminal Procedure, 1973 for disposal of seized vehicle read with Section 482 of the Code of Criminal Procedure, 1973, on the ground that Criminal Appeal No. 556 of 2016 is pending against the judgment and order of acquittal dated 21.8.2015, passed by the learned trial Court, in Special Case (NDPS) Nos. 2 of 2011 and 5 of 2011. 2. During the pendency of trial and outcome, the vehicle bearing registration No. RJ-01-CB-0819 (Tata Indica) was not claimed by anyone and therefore, the vehicle is required to be confiscated by following due procedure of law. If the vehicle is allowed to remain as it is, it will fetch no value, irrespective of the outcome of the appeal and the prayer is to dispose of the vehicle by way of public auction or following any other procedure in accordance with law. 3. As against above, Mr. Dharmesh Shah, learned advocate for newly added respondent No. 5 states that as there is loan-cum-hypothecation-cum-guarantee agreement dated 13.5.2010 and the loan is remained unpaid, the finance company has right over such vehicle and without consent of finance company, the vehicle may not be permitted to be disposed of. 4. Having regard to the facts and circumstances of the case and particularly, during the trial, the vehicle was not claimed by respondent No. 5-Finance Company and by taking into consideration requirement of disposal of the vehicle in question seized by the appellant authority and law laid down by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 : AIR 2003 SC 638 and keeping in mind the provisions of Section 451 of the Cr. P.C. we are inclined to permit the applicant-original complainant to dispose of the vehicle by following due procedure including videography and photography and auction by following due procedure in accordance with law. The amount fetched through public auction shall be kept in separate account by the applicant-NCB in any nationalized bank for a period of five years or till the appeal gets finalized, whichever is later and shall be subject to the outcome of the appeal. 5. With the aforesaid directions, the present application stands disposed of accordingly.
The amount fetched through public auction shall be kept in separate account by the applicant-NCB in any nationalized bank for a period of five years or till the appeal gets finalized, whichever is later and shall be subject to the outcome of the appeal. 5. With the aforesaid directions, the present application stands disposed of accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.