Point of Law: Release of vehicle - In the absence of procedure evolved for release of vehicle also, the matter has to be considered by the Larger Bench. In the case on hand, the question involved is in respect of conveyance and not narcotic drugs substances. Hence, the office is directed to place this matter before the Hon''ble Chief Justice to refer this matter also to the Large Bench

ORDER :

1. Heard the learned counsel for the petitioner and also High Court Government Pleader appearing for the State.

2. The factual matrix of the case is that the complainant Mrs. Keerthana T.R. Excise Sub-Inspector-I, Molakalmuru Range registered a case on 13.12.2019 in FIR No. 14-2019-20/1409/SIE1/140909 against this petitioner for the offence punishable under Section 20(ii)(B), 25, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). The allegation against this petitioner is that on 30.12.2019, as per the instructions of the Deputy Commissioner of Excise, the complainant along with staff based on the credible information, went near Tumakurlahally gate and at about 1.30 p.m. when the suspected vehicles were being checked, this petitioner came riding a motorcycle and on looking to the Excise officials, he became panic and after intercepting his vehicle and searching it, the ganja weighing 2 kgs. was found in the bag, which was being transported for its unauthorized and illegal sale. The vehicle and the narcotic drug were seized by drawing the panchanama and subjected the same for P.F. The case was registered and the police have also, after the investigation, filed the charge sheet. The petitioner was arrested on 13.12.2019 and remanded to Judicial Custody and thereafter on 05.07.2020, the petitioner was enlarged on bail.

3. The petitioner being the owner of the vehicle filed an application under Section 457 of Cr.P.C. for interim custody of the said vehicle and vide order dated 27.08.2020, the learned Sessions Judge was pleased to reject the said application on the ground that the petitioner is not entitled for the custody as per Section 60(3) of the NDPS Act. Hence, the present petition is filed invoking Section 482 of Cr.P.C. praying this Court to release the subject matter of the vehicle, which was seized in the said crime.

4. Learned counsel appearing for the petitioner would submit that the Sessions Judge ought to have considered the application of the petitioner for the interim custody and committed an error in not entertaining the application. Ever since the seizure of the aforesaid vehicle, the police have kept the same in the open premises without any protection from exposing to sun and air and if the vehicle is exposed to sun and air for longer period of time, the mechanical condition of the vehicle and its value would be deteriorated. Learned counsel also would submit that under Sections 36-C and 51 of the NDPS Act, the provisions of the Criminal Procedure Code is applicable when seizures are made under the NDPS Act. Under these circumstances, the learned Sessions Judge ought to have applied the provisions under Section 451/457(1) of Cr.P.C. and released the vehicle in favour of the petitioner. Hence, it requires interference of this Court to release the vehicle.

5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the similar question was raised before this Court in Criminal Petition No. 4792/2020 and this Court dealt with the matter in detail referring to the judgment in the case of Union of India vs. Mohanlal and Another, (2016) 3 SCC 379. Learned counsel also relied upon the judgment of the Kerala High Court in the case of Smart Logistics Represented by its Managing Partner M. Gopinath vs. State of Kerala, 2020 SCC Online Ker. 3760. Learned counsel referring to this judgment brought to the notice of this Court paragraph Nos. 18 to 26 and also paragraph Nos. 53 and 54 of the judgment, wherein the Kerala High Court made an observation that it is only proper to grant an opportunity to the petitioner to make a representation to the Drug Disposal Committee raising its claim over the vehicle.

6. Learned High Court Government Pleader also brought to the notice of this Court that today in Criminal Revision Petition No. 623/2020, the Coordinate Bench referred the matter to the larger bench since the matter requires to be considered by the lar