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TMI Blog2016 (11) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... Methaqualone. 3. Subsequently, during the interrogation it was revealed by Anil Kumar that the contraband substance was handed over to him by one Parmanand @ Manu Khosla. Consequently, Manu Khosla's premises was searched out by the DRI officers and a further recovery of 33.450 Kg of similar substance was effected. Pursuant to the disclosures made by him a further recovery of 951.350 Kg of the similar substance was effected from a vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800, belonging to the present respondent, i.e., Amit Kumar. The aforesaid vehicle is stated to be registered in the name of a company named M/s Scilla Biotechnologies Limited, of which the present respondent is stated to be the Director. The present respondent, i.e., Amit Kumar, along with Anil Kumar and Manu Khosla were subsequently arrested in this case under the NDPS Act as they all were found to be dealing in contraband substances. However, during the interrogation it was found that Bablu Ram was only a driver of the three wheeler luggage carrier bearing registration No. DL 1LN 7074 and was not personally involved in the commission of the offence. Therefore, he was not made a party to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conferred upon the special Court for release of the vehicle on superdari under the NDPS Act. 9. The learned counsel for the petitioner has further submitted that this is not a case where a complaint has been filed before the learned Special Judge for him to exercise jurisdiction over the property seized in the case. The learned Special Judge erred in holding that the vehicle is not required for any purpose by the petitioner "at this stage" as reports in respect of 10 samples are awaited from CFSL Hyderabad. Further the investigation in the case is pending and the vehicle may be required for further investigation. The order of release of the vehicle may interfere in further investigation and it is not within the province of the lower Court to decide the matter in which investigation is being conducted or determined whether or not the vehicle would be needed for further investigation. 10. The learned counsel for the petitioner in support of his arguments has placed reliance on the following judgments: 1) Manu Khosla vs. Directorate of Revenue Intelligence, SLP Crl No. 9593/2014. 2) Ganga Hire Purchase Pvt. Ltd. vs. State of Punjab and Ors., AIR 2000 SC 449. 3) Narender Kaur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he President on 16 September 1985. It came into force on 14 November 1985 as:- THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (shortened to NDPS Act). 17. The general procedure adopted to deal with the custody and disposal of the property are given under the relevant provisions of Sections 451 and 452 and 457 Cr.P.C., 1973 which are reproduced as under:- "451. Order for custody and disposal of property pending trial in certain cases.- When any property is produced before any Criminal Court during an inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section, "property" includes- (a) property of any kind or document which is produced before the court or which is in its custody. (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch property. (2) If the person so entitled is known, the Magistrate may order the property to delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation." 18. On a bare perusal of the above three provisions, one can come to a conclusion that each of these provisions deal with a different situation. Section 451 Cr.P.C. deals with interim custody of the seized property which has been produced before the Court. Section 452 Cr.P.C. deals with the disposal of the seized property after enquiry or trial in a criminal Court is concluded. Section 457 Cr.P.C. applies to a situation where the property which has been seized by the police was not produced before the Court. 19. The present case pertains to one under the NDPS Act, 1985 which is a special law as compared to the general procedural law mentioned herein above. The NDPS Act, 1985 is applicable ove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s alleged to be effected from a vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800, belonging to the present respondent, i.e., Amit Kumar, and releasing of the said vehicle on superdari is to be dealt as per the provisions of the NDPS Act, 1985 as the said Act being a special law. 23. The Department of Revenue of the Ministry of Finance with its Notification No.S.0.311.(E) dated 10.02.2011 declared Ketamine Hydrochloride to be a part of the schedule of the NDPS Act, thereby declaring it to be a psychotropic substance which is reproduced as under: " TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii) GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE NOTIFICATION New Delhi, the 10th February, 2011 S. O. 311 (E).- Whereas the Central Government is satisfied, on the basis of information and evidence which has become available to it with respect to the nature and effect of, or the scope of abuse of, any substance (natural or synthetic) or natural material or any salt or preparation of such substance or material, that it is expedient to add the following substance or natural material or salt or preparation of such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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