Drug Discovery

Vehicles used for ferrying drugs to be confiscated post trial: SC

The Supreme Court on Tuesday held vehicles used for ferrying drugs could only be confiscated after the conclusion of the case's trial when the accused was convicted or acquitted or discharged. A bench comprising Justices Sanjay Karol and Manmohan passed the verdict and said there was no specific bar under the the Narcotic Drugs and Psychotropic Substances (NDPS) Act against the interim release of seized vehicles, provided the owner was not complicit in the offense. "Upon a reading of the NDPS Act, this court is of the view that the seized vehicles can be confiscated," the bench said, "by the trial court only on conclusion of the trial when the accused is convicted or acquitted or discharged." Further, even when the court decides the vehicle should be confiscated, it must give an opportunity to the person to be heard, it said. The seized vehicle, however, was not liable to be confiscated if its owner proved the vehicle was used by the accused person without their knowledge or ...

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