CASE TITLE:
Firozalavi T.V v. State of Kerala
DATE OF ORDER:
19 January 2023
JUDGE(S):
Justice A Badharudeen
SUBJECT
The learned Kerala High Court’s Single Judge Bench of Justice compromising Justice A. Badarudeen noted that it goes beyond the statutory intent of Section 60(3) of the NDPS Act to treat a vehicle that is piloting or accompanying another vehicle that is carrying contraband as if it were itself carrying contraband and to treat it as a conveyance. .
IMPORTANT LEGAL PROVISIONS
Narcotic Drugs and Psychotropic Substances Act
- Section 60(3)- provides that any conveyance or vehicle used in carrying any Narcotic Drugs or Psychotropic Substances shall be liable to confiscation.
BRIEF FACTS OF THE CASE
- The accused were convicted by the Trial Court for involvement in transport of ganja to State of Kerala for the purpose of sale.
- While the 1st and the 2nd accused was convicted for transporting ganja in a tempo van, the 3rd and 4th were convicted for piloting the said tempo van.
- Both the vehicles were ordered to b confiscated
- The petitioner, who is the RC owner of the car confiscated for acting as a pilot to the vehicle carrying moved an application claiming that his vehicle was wrongfully confiscated.
ARGUMENTS ADVANCED BY THE PETITIONER
- It is argued by the learned counsel for the petitioner contended that the owner of the said vehicle was not involved in the crime. The contraband was not seized from his car.
- That according to section 60(3), only the conveyance or the vehicle used in transporting any kind of narcotic drug or psychotropic substances can be confiscated.
ARGUMENTS ADVANCED BY THE RESPONDENT
The learned Public Prosecutor submits that a vehicle that has been seized while piloting a vehicle, where contraband was carrying is akin to conveying the contraband, As a result of this interpretation, the said vehicle also would come within the purview of Section 60(3) of the NDPS Act.
LEGAL ISSUE
Whether vehicle piloting or accompanying another vehicle, which is transporting Narcotic Drug and Psychotropic Substances to be held as vehicle used as conveyance in carrying the contraband so as to confiscate the same under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act ?
ANALYSIS BY THE COURT
- The Court observed that u/s 60(3), the words that are crucial for the present purpose are ‘ any animal or conveyance used in carrying any narcotic drug or psychotropic substances.
- The Court thus while relying on the interpretation of these words as in Thausif Ahammed Bengre v. State of Kerala [(2018) 1 KHC 598] and Smart Logistics v. State of Kerala & Ors. [(2020) 5 KLT 289], held that in order to confiscate a vehicle as conveyance used for carrying narcotic drugs and psychotropic substances must be a vehicle or conveyance used for carrying or transporting Ganja.
- The Court furthur noted that if the arguments advanced by the learned Public Prosecutor are accepted, the same would amount to crossing the boundary that was laid down by the legislature when it enacted section 60(3).
CONCLUSION
The light of the above observations made, the learned Court concluded that since the vehicle in question can not be said to be involved in carrying any narcotic drug or psychotropic substances, the same can not be confiscated u/s 60(3). The Court, accordingly, ordered the release of the vehicle. However, accused no. 3 and 4 who were in the said vehicle were not absolved of their criminal liability.
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