The NDPS Act, as a special law, governs the custody and disposal of seized property, and its provisions take precedence over general procedural laws.

I.S. MEHTA, J.

1. Instant petition is arising out of the impugned order passed by the learned Special Judge, NDPS cases, Saket, New Delhi, dated 12.12.2013 qua against the present petitioner, i.e., Directorate of Revenue Intelligence (DRI), who preferred to file the present petition under Section 482 of the Code of Criminal Procedure for setting aside/ quashing of the aforesaid impugned order.

2. The brief facts stated are that, on the basis of the secret information, the petitioner's, i.e., Directorate of Revenue Intelligence (DRI), officers had effected a seizure of 272.800 Kg of contraband substance from a three wheeler luggage carrier bearing registration No. DL 1LN 7074 which was driven by one Bablu Ram and co-passenger Anil Kumar. The said seized contraband substance was found having presence of 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 the seized contraband substance.

4. The petitioner, i.e., DRI, had drawn 39 samples out of the aforesaid seized substances, but none of the samples were tested positive for Methaqualone during the testing carried out in CRCL Delhi and only Ketamine Hydrochloride was detected in 30 out of the 39 samples and the remaining 9 samples were advised to be sent to CFSL Hyderabad for their characterization. Subsequently, Manu Khosla and the present respondent, i.e., Amit Kumar, were released on bail by the lower Court vide order dated 20.07.2013.

5. Thereafter, the respondent moved an application dated 20.11.2013 seeking release of his vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800 before the lower Court. The lower Court after perusal of the application as well as the reply thereto filed by the petitioner and hearing the arguments advanced by the counsels for the parties passed the impugned order dated 12.12.2013 directing that the vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800 be released to the respondent on superdari subject to certain conditions which is reproduced as under:

"1. that he shall furnish a superdaginama in the sum of Rs. Ten lacs to the satisfaction of this court;

2. that he will not change the colour etc. of the above vehicle and will also not sell, transfer, above said vehicle without the prior permission of this court;

3. that he will produce the above said vehicle as and when directed by this court."

6. Aggrieved from the aforesaid impugned order dated 12.12.2013, the petitioner has preferred this petition seeking setting aside/quashing of the impugned order dated 12.12.2013.

Hence the present petition.

7. The learned counsel for the petitioner has submitted that the order passed by the learned Special Judge, NDPS cases, Saket, New Delhi, is bad in law as well as on facts. The learned Special Judge had