Diptiprava Sahu vs State Of Odisha ....... Opp. Party on 20 June, 2024
"In view of the submissions made by the learned counsel for the respective
parties and taking into account the ratio laid down in the aforesaid cases, I
am of the view that the learned Sessions Judge was not justified in rejecting
the petition under section 457 of Cr.P.C. relying on the provision under
section 60(3) of the N.D.P.S. Act. The conditions stipulated for not
confiscating the vehicle after the end of trial as per section 60(3) of the
N.D.P.S. Act i.e. it was so used without the knowledge or connivance of the
owner himself, his agent, if any and the person-in-charge of the vehicle and
that each of them had taken all reasonable precautions against such use, is
not applicable at the stage of consideration of interim release of the vehicle
under section 457 of Cr.P.C."