IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35475 of 2011 Smt. Krishna Devi Versus The State Of Bihar ----------- 3 23.11.2011 Heard learned counsel for the petitioner as well as learned A.P.P. for the State. It happens to be a prayer for release of Tata Pick- up bearing Registration No.BR 08G-0873 which was seized by A.S.I. of Kotwali P.S. on the pretext of recovery of 4.500 Kg. of Ganja having kept in the cabin along with driver, for which Kotwali P.S. Case No.272 of 2011 was registered under Section 20,22 of the N.D.P.S. Act. It has been submitted on behalf of the petitioner that petitioner who happens to be registered owner of the vehicle in question, on account of being a lady had given the vehicle in question on hire to Raju Kumar, the driver who, as per allegation whatever comes out from the written report, in his individual capacity was carrying the contraband goods (Ganja) and therefore vehicle in question cannot be subject to confiscation. Further submitted that the question of confiscation is as subjective satisfaction of the court concerned which is not yet been exercised. Also submitted that on account of keeping the vehicle idle condition in open place is putting day-to-day degeneration of the vehicle and as such prayed for release of the vehicle. At other hand the learned A.P.P. opposed and 2 submitted that the vehicle in question was intercepted by the police on being suspicious with regard to concealment of contraband goods and then a search was made which led recovery of 4.500 Kg. of Ganja kept in a polythene bag near the driver’s seat, in its cabin. So there is conclusive material to suggest that the recovery has been made from the vehicle itself and in the aforesaid background whether there has been confiscation proceeding or not, the vehicle in question should not be released. The stage of confiscation is to be guided as per Section 63 of the Act and the same gives a free hand to the court concerned to initiate the confiscation proceeding at any stage of the case. No other than the disclosure made under sub-section 3 of Section 60 is available to the owner for the release or from exoneration of herself /himself from the confiscation proceeding, and that happens to be over carrying of article without her knowledge. Admittedly, petitioner happens to be a lady. Therefore, her active involvement in getting the contraband article moved is to be traced out only during course of conduction of confiscation proceeding, if any. For the present, it looks suffice to accept the plea of the petitioner that being a lady her active involvement cannot be expected, though this fact happens to be under serious challenge at the hands of learned A.P.P. Be that as it may, taking into account the totality 3 of the event, the prayer of the petitioner is allowed. The vehicle bearing Registration No.BR 08G-0873, Chassis No.374463ASZ903094, Engine No.497SP28ASZ804668 is directed to be released in favour of petitioner on a bank guarantee of Rs.7,00,000/-(Seven Lac) with a condition that (a) the ownership of aforesaid vehicle will not be changed till pendency of the case (b) will produce the vehicle whenever and wherever required by the court (c) will not indulge in similar kind of offence in future otherwise the privilege so granted will automatically seized and (d) subject to conclusion of the confiscation proceeding. Consequent thereupon, petition is allowed. PN (Aditya Kumar Trivedi, J.)