Code of Criminal Procedure, 1973–Sec. 451 [Corresponding Sec. 497 of BNSS, 2023]–Narcotic Drugs & Psychotropic Substances Act, 1985–Seizure of Vehicle–Four situations-
(i) Where the owner of the vehicle is the person from whom the contraband drugs/substance is recovered.
(ii) Where the contraband is recovered from the possession of the agent of the owner i.e., like the driver or cleaner hired by the owner.
(iii) Where the vehicle has been stolen by the accused and contraband is recovered from such stolen vehicle.
(iv) Where the contraband is seized/recovered from a third party occupant (with or without consideration) of the vehicle without any allegation by the police that the contraband was stored and transported in the vehicle with the owner’s knowledge and connivance.
In the first two scenarios, the vehicle may not be released on superdgi till reverse burden of proof is discharged by the accused-owner–However, in third and fourth scenarios, an allegation has been made in the charge-sheet against the owner and/or his agent, the vehicle should normally be released in interim on superdgi subject to the owner furnishing a bond that he would produce and/or he would pay the value of vehicle as determined by the Court on the date of release.
