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Supreme Court of India 2025-01-07 allowed

BISHWAJIT DEY vs THE STATE OF ASSAM

Bench: 2 — Sanjay Karol, Manmohan

In Brief

The Supreme Court held that vehicles seized under the Narcotic Drugs and Psychotropic Substances Act can be released on interim superdari pending trial, despite the Act's strict anti-drug policies. The Court identified four scenarios based on whether the owner or his agent is accused. When neither the vehicle owner nor driver is charged—only a third-party occupant—the vehicle should normally be released upon the owner furnishing security. The Court found no specific bar in the NDPS Act against interim release and held that general CrPC provisions apply subject to statutory compatibility. In this case, the appellant's truck was released on conditions including videography documentation, prohibition on sale, and an undertaking to surrender or pay its determined value if confiscated.

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Narcotic Drugs and Psychotropic Substances Criminal Procedure Seizure and Confiscation Interim Relief Evidence Motor Vehicles

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