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Release of vehicle used for carrying contraband pending trial under Section 451 Cr.P.C. Analysis: The petitioner purchased a tempo on hire purchase basis and employed a driver. The tempo was intercepted by the police, and drugs were found inside. The trial court declined the application for the release of the tempo. The petitioner sought the release of the vehicle on superdari to prevent further damage. The court examined the provisions of Sub-section (3) of Section 60, 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985, along with Section 451 Cr.P.C. Section 60(3) states that any conveyance used for carrying drugs is liable to confiscation unless proven otherwise. Section 63 deals with the trial of offenses under the Act and the confiscation of seized articles. Section 451 Cr.P.C. allows the court to make orders for the custody of property pending trial, including the sale of property subject to decay or for other expedient reasons. The court noted that under the Act, confiscation of a conveyance can only occur at the end of the trial after hearing claims and evidence. However, Section 451 Cr.P.C. allows for the proper custody of property pending trial, which is not inconsistent with the Act. Referring to previous case law, the court emphasized that the trial court can order the release of a vehicle used for carrying contraband pending trial under Section 451. The court found that the petitioner, as the registered owner of the tempo, should not suffer further damage due to the vehicle's disuse during the ongoing trial against the driver. The impugned order lacked reasons for denying the release of the tempo, leading to an abuse of the court process. Consequently, the court allowed the petition, set aside the previous order, and released the tempo to the petitioner on a bond of &8377; 1,75,000 to ensure its availability during the trial.
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