Discussion
A vehicle, container or a receptacles used for commission of an offence punishable under the NDPS Act, 1985, shall not be liable to be confiscated:-
Answer: C
The vehicle is not liable to confiscation if the owner proves that it was used in commission of the offence without his knowledge or connivance.
Section 60(3) of the NDPS Act makes any animal or conveyance used in carrying a drug liable to confiscation, unless the owner proves that it was so used without the knowledge or connivance of the owner, his agent and the person in charge, and that each of them took all reasonable precautions against such use.
The acquittal of the person using the vehicle does not by itself decide the owner's claim, and the burden lies on the owner to prove his innocence, not on the prosecution to lead evidence of ownership.
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