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2016 (9) TMI 1502 - HC - Indian LawsWhether Section 451 Cr.P.C. can be applied while considering the plea for interim custody of the vehicle seized under the NDPS Act? HELD THAT - There is no specific provision debarring the release of the vehicle seized under the Act. When the provision under Section 451 Cr.P.C. is not inconsistent with any specific provision under NDPS Act, the same will have to be applied as mandated under Section 51 of the said Act. There was also no specific observation that the vehicles seized under the NDPS Act will have to be treated separately while considering the plea for interim custody thereof. The provision under Section 451 Cr.P.C. which is found not inconsistent with the provisions of the NDPS Act is applicable to the vehicle seized under the NDPS Act as well. No differential treatment to the vehicle seized under the NDPS Act is contemplated either under the provisions of the NDPS Act or under the ratio laid down by the Court of law. The vehicle used for transporting the narcotic drugs and psychotropic substances can also be released on sapurdari invoking the provision under Section 451 Cr.P.C. - Reference disposed off.
Issues Involved:
1. Whether a vehicle used for transporting narcotics can be released on sapurdari (interim custody) under Section 451 Cr.P.C. 2. Applicability of Section 451 Cr.P.C. to vehicles seized under the NDPS Act. 3. Interpretation of relevant provisions under the NDPS Act and Cr.P.C. regarding the release of seized vehicles. Detailed Analysis: Issue 1: Whether a vehicle used for transporting narcotics can be released on sapurdari (interim custody) under Section 451 Cr.P.C. The petitioner sought the release of a Swift Dzire car seized under the NDPS Act, which the trial court dismissed, leading to the revision petition. The trial court observed that the car was used for carrying contraband, and the trial was yet to begin. The petitioner argued that the vehicle's condition was deteriorating as it was parked in an open space and cited precedents where vehicles in NDPS cases were released on sapurdari. The State counsel submitted that the vehicle was liable to be confiscated and required for exhibition during the trial but had no objection to its interim release. Issue 2: Applicability of Section 451 Cr.P.C. to vehicles seized under the NDPS Act The court examined Sections 451, 452, and 457 Cr.P.C., which deal with the custody and disposal of property pending trial, disposal after trial, and the procedure by the police upon seizure of property, respectively. It referenced the landmark judgment in *Sunderbhai Ambalal Desai vs. State of Gujarat*, where the Supreme Court directed judicial magistrates to exercise powers under Section 451 Cr.P.C. to prevent deterioration of seized vehicles. The court noted that Section 51 of the NDPS Act allows the application of Cr.P.C. provisions unless inconsistent with the NDPS Act. Issue 3: Interpretation of relevant provisions under the NDPS Act and Cr.P.C. regarding the release of seized vehicles The court found no specific provision in the NDPS Act that prohibits the release of a vehicle on sapurdari. Sections 60(3) and 63 of the NDPS Act, which deal with the liability and procedure for confiscation, were considered. The court emphasized that a vehicle is liable to confiscation only if the owner fails to prove it was used without their knowledge or connivance. The decision on confiscation is to be made only after the trial concludes. The court addressed differing views within the High Court, noting that previous decisions had allowed the release of vehicles under the NDPS Act on sapurdari. It clarified that the Supreme Court's decision in *Union of India vs. Dinesh Kumar Verma* did not establish a blanket prohibition on releasing vehicles seized under the NDPS Act. Conclusion: The court concluded that there is no provision under the NDPS Act that bars the release of a vehicle on sapurdari. The provisions of Section 451 Cr.P.C. are applicable to vehicles seized under the NDPS Act, as they are not inconsistent with the NDPS Act. The court held that vehicles used for transporting narcotics can be released on sapurdari, invoking Section 451 Cr.P.C. The reference was answered accordingly, and the revision petition was to be determined by the learned Single Judge in light of this conclusion.
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