Supreme Court: Vehicle seized under NDPS Act not liable to be confiscated if accused used it without owner's knowledge or connivance

It has also been stated by the court that even where the Court is of the view that the vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right to the seized vehicle before passing an order of confiscation

The Supreme Court in the case Bishwajit Dey Versus The State Of Assam observed and has ruled that a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act, NDPS Act for the alleged transport of drugs cannot be confiscated if the owner of the vehicle can prove that it was used by the accused person without the owner's knowledge or connivance.

The bench comprising of Justice Sanjay Karol and Justice Manmohan was hearing the present matter.