Law: Control of Narcotic Substances Act (XXV of 1997)

Section: 9(c), 32

Control of Narcotic Substances Act (XXV of 1997) Ss. 9(c) & 32---Confiscation and release of vehicle in narcotic cases---Transfer of ownership of vehicle after registration of FIR---Mala fides---Prosecution case was that 1013-grams heroin was recovered from the car driven by accused---After trial conducted by the Trial Court, accused was convicted while the motorcar in question was ordered to be handed over to its original owner---Thereafter, the appellant moved an application before the Trial Court for the release of the motorcar in question claiming himself to be the real owner, which was declined---Validity---It was alleged by the appellant that he was the real owner of the motorcar in question, which was borne out from the relevant record of the Excise and Taxation Department while there was no rival claimant---Report was requisitioned from the Excise and Taxation Department to provide the comprehensive record of the motorcar in question, which had been filed by Motor Registering Authority---Contents of the said report disclosed that initially the motorcar was registered in the name of one MA on 27.11.2021 while the same was transferred in the name of the present appellant on 05.04.2022---Perusal of the record revealed that the motorcar in question was taken into possession by the investigating agency on 02.03.2022---Said fact was conceded by the appellant that themotorcar in question was transferred in the name of the appellant after registration of the FIR---Transfer of ownership of a vehicle seized in connection with a narcotic case, after it has been declared case property, strongly suggests mala fide intent---Such a transfer not only disregards the legal status of the vehicle as evidence in a criminal case but also appears to be a deliberate attempt to frustrate the judicial process---Said act raised serious concerns about the bona fides of the parties involved, as it undermined the integrity of the investigation and the preservation of evidence---Therefore, the timing and circumstances of the ownership transferred must be scrutinized, as it might have constituted an intentional effort to circumvent the due process of law---Petition was dismissed,…