The Supreme Court has ruled that any order made under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) to confiscate a vehicle will be deemed illegal if it was issued without first hearing the vehicle’s owner.
Referring to Section 63 of the NDPS Act, the Court emphasized that confiscation orders for articles cannot be issued until one month has elapsed from the date of seizure or without affording an opportunity to any person claiming rights over the article.
A bench comprising Justices JB Pardiwala and Manoj Misra heard an appeal against the Rajasthan High Court’s decision upholding the confiscation of a vehicle (a dumper) under the NDPS Act. The appeal was lodged by the vehicle’s registered owner.
The appellant and two other individuals were charged under the NDPS Act, but the appellant evaded arrest, and the trial proceeded only against the other two individuals. Following the trial, the court acquitted the other two individuals due to insufficient evidence but also ordered the confiscation of the vehicle.
Subsequently, after the other two individuals were acquitted, the appellant was arrested and later released on bail. He contested the trial court’s confiscation order on the grounds that he was not given an opportunity to be heard. However, the High Court dismissed his challenge.
The Supreme Court overturned the confiscation order, noting that the owner had not been given a hearing during the proceedings.
“The plain reading of Section 63 indicates that the court cannot order confiscation of an article until one month has elapsed from the date of seizure or without affording an opportunity to any person claiming rights thereto. Although the appellant was not arrested at the time of the dumper’s confiscation, had he been part of the trial alongside the other two accused, he might have presented arguments against the confiscation order,” the Court observed.
“The appellant, being the registered owner of the dumper, has the right under Section 63 of the NDPS Act to be heard by the court before a final confiscation order is issued and the seized vehicle is auctioned,” the Court added.
The appellant was instructed to submit an application to the trial court for a hearing regarding the confiscation. The trial court was directed to make a decision within two weeks of receiving the application.
