9911796707
TMI Blog2000 (7) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... packet which later was found containing 940 gms. of Heroin. After receipt of this packet, Amar Pal Singh and his son in that car proceeded towards Peeragari Chowk, Rohtak Road, where the second party already deputed intercepted the car and on search recovered from the possession of Amar Pal Singh the aforesaid packet containing 940 gms. Heroin which was seized along with the car. Statements under Section 67 of the Narcotic Drugs Psychotropic Substances Act, 1985 (for short the Act ) of Amar Pal Singh and Tarvinder Singh were recorded. Amar Pal Singh made disclosure statement about his source of acquiring this Heroin as from Ved Prakash Manchanda for which he was to get commission. Later, on search at the house of accused Amar Pal singh at C-89, Fateh Nagar, New Delhi, a small polythene packet containing 4 gms. of Heroin, one vacuum Sealer, a small diary, a small weighing scale, some documents, ₹ 2,44,900/- in cash, US$ 50 and some other articles were recovered which were seized after drawing panchnama in the presence of Smt. Narender Kaur w/o Amar Pal Singh. Amar Pal Singh and Ved Prakash Manchanda were arrested and they are being prosecuted under Section 21/29 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Even otherwise, in view of the statement made by Amar Pal Singh under Section 67, it cannot be said that the learned session judge has acted illegally. This petition to that extent is disallowed. 7. The car in question has obviously been seized under Section 43 of the Act. Relevant sections 60 and 63 of the Act which provide for disposal, inter alia, of the conveyance used for the purpose of committing the offence, so far as relevant, provide as under:- 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.- (1) x x x x x x x (2) x x x x x x (3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. 63. Procedure in making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eather. This statement does not seem to be correct inasmuch as the investigating officer in his report dated 25.3.1997, available on the record of the Trial Court, has stated that this car has been put in a garage, duly locked and sealed . So, it cannot be said that the car is lying in the open to the vagaries of weather. 10. Now the question is whether the car in question used as a conveyance in commission of the offence is liable to be released or not under the Act or the Code, if applicable, in the circumstances. Learned counsel for the petitioner has contended that Section 451 of the Code applies as it has not been over-ridden by the Act. 11. It is well established that while interpreting the provisions of a statute the object of the Legislation has to be kept in view. The enormity of the drug abuse and great adverse effect on the society and the nation and great perils to which the country is thereby exposed, has been considered recently by the Constitution Bench of the Supreme Court in the case of The State of Punjab Vs. Baldev Singh JT 1999 (4) SC 595 where the necessity of the legislation and the strictness with which this drug abuse is to be dealt with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the International Convention of Psychotropic Substances, 1971. The need for the enactment of some comprehensive legislation on Narcotics Drug and Psychotropic Substances was, therefore, felt. The Parliament with a view to meet a Social challenge of great dimensions, enacted the NDPS Act, 1985 to consolidate and amend existing provisions relating to control over drug abuse etc, and to provide for enhanced penalties particularly for trafficking and various other offences. The NDPS Act, 1985 provides stringent penalties for various offences. Enhanced penalties are prescribed for second and subsequent offences. The NDPS Act 1985 was amended in 988 w.e.f. 29th May, 1989. Minimum punishment of 10 years' imprisonment which may extend upto 20 years and a minimum fine of ₹ 1 lakh which may extend upto ₹ 2 lakh have been provided for most of the offences under the NDPS Act, 1985. For second and subsequent offences, minimum punishment of imprisonment is 15 years which may extend to 30 years while minimum fine is ₹ 1.5 lakh, which may extend to ₹ 3 Lakh Section 31(a) of the Act, which was inserted by the Amendment Act of 1988, has even provided that for certai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. Second proviso to sub-section (2) of Section 63 of the Act itself provides for interim orders for the disposal of any article or thing other than a narcotic drug etc. which is liable to speedy and natural decay, or if the Court is of the opinion that its sale would be for the benefit of its owner, to direct it to be sold. This specifically provides for interim orders regarding disposal of seized articles or goods other than the contraband, and obviously includes a conveyance used in transportation. This by necessary implication excludes any other interim order to be made. 14. The provisions of section 451 which provides for order for interim custody and disposal of the property pending trial is identical, in case the property is subject to speedy and natural decay and if it is otherwise in the interest of the owner. To this extent, the provisions of Section 451 of the Code are not applicable. The Bombay High Court in B.S. Rawant (supra) case, in this behalf, in para 10, has observed as under:- 10. The object of the Act is to see that the vehicle which is used for such an offence is not made available to the persons who have indulged in these activities. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e very purpose of the Act which provides for confiscation of such vehicle. Such an interpretation, in my respectful view, would be against the object and purpose of the Act. 16. Assuming the petitioner is the owner of the vehicle but the question whether the vehicle was used without her knowledge or connivance is a question of fact to be determined after evidence, if any, is produced in proper inquiry. It may not be sale always to accept such a plea as a gospel truth to give interim custody of the vehicle to such a person. Question remains that the vehicle in question was used as a conveyance by the accused who is the husband of the petitioner for carrying the contraband. There seems to be no sound reason that if the owner is not entitled to interim custody of such vehicle because the vehicle is liable to be confiscated, why another person who may be the owner of the vehicle should be given the custody of the vehicle during the pendency of the case till he proves his non-complicity. As also observed by the Bombay High Court, the purpose of the Act is to see that the vehicle which is used for such conveyance is not made available to the persons indulging in these activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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