CUTTACK: The Orissa High Court has held that release of seized vehicles is the most judicious course of action as prolonged retention of such vehicles in police custody serves no meaningful purpose and results only in their gradual deterioration and depreciation.
Justice SK Panigrahi gave the ruling recently while allowing release of a vehicle involved in a Narcotic Drugs and Psychotropic Substances (NDPS) case on certain conditions including furnishing property/cash security of Rs 3 lakh by the owner.
The other conditions included restriction on change of colour or any part of the engine and chassis number or transfer of ownership of the vehicle.
According to the case records, 78 kg of ganja was seized from a public transport auto rickshaw under Phiringia police station limits in Phulbani district on March 30, 2023. Rajesh Kumar Sahu, the owner of the vehicle, was arrested and later released on bail.
He filed a petition for release of his auto rickshaw as the vehicle was lying exposed to natural elements, leading to damage and depreciation. But the court of Additional Sessions Judge (Phulbani) rejected his plea on August 1, 2024, saying, vehicles used in narcotics offenses should not be returned but disposed of according to the prescribed legal procedure. Sahu challenged it in the high court.
In his order, Justice Panigrahi observed, “A vehicle, by its very nature, is intended for active use and mobility, and its prolonged immobility in official custody serves no substantive legal or practical purpose. If left unattended indefinitely, the vehicle will inevitably suffer structural degradation, mechanical wear, and substantial diminution in both its functional utility and economic value, rendering it unfit for future use.”
“The law does not sanction the indefinite retention of property where its custody ceases to advance the cause of justice. Rather, the established legal principle dictates that seized property should be preserved and safeguarded, not subjected to unnecessary deterioration and waste,” he stated.