I.S. MEHTA, J.

1. The petitioner-Narcotics Control Bureau (hereinafter referred as NCB) has preferred the instant petition under Sections 482 Cr.P.C. for setting aside the impugned order dated 15.07.2015 passed by the learned Special Judge, NDPS/New Delhi in the case titled as NCB vs. Unknown Person. Further the petitioner also seeks for confiscation and disposal of the case property, i.e. seized property:- 45gm Cocaine, 555gm Heroin and 320gm Hashish along with its seized articles, packing materials and samples, under Section 63 (2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as NDPS Act).

2. The brief facts stated are that on 03.01.2011 Shri M.M. Bhandari, Intelligence Officer NCB received an information about some parcels lying at the RLO, SRT Nagar, PO Building, New Delhi which were suspected of containing narcotic drugs. In pursuance of the said information a team was constituted which reached the abovementioned address and recovered nine parcels/packets and a recovery memo was prepared. Thereafter, the recovered parcels were tested with the field testing kit which gave positive results of cocaine, heroin and hashish respectively. The quantity of seized substances were measured, i.e. 45gm Cocaine, 555gm Heroin and 320gm Hashish, seizure report was prepared and the samples were forwarded to CRCL for examination and a report with positive result for cocaine, heroin and hashish was received from the CRCL.

3. The petitioner department/investigation officer made several efforts to trace the persons who committed the offence in connection with the seized narcotic substances but same cannot be found and on finding no possibility of any information to be received in the near future the petitioner moved an application under Section 63(2) of NDPS Act in the Court of Special Judge, NDPS/New Delhi for confiscation and disposal of the case property along with its seized articles, packing materials and samples.

4. Consequently, the learned Special Judge, NDPS/New Delhi vide impugned order dated 15.07.2015 dismissed the aforesaid application filed by the petitioner department under Section 63(2) of NDPS Act. Hence the present petition.

5. The learned standing counsel for the petitioner/NCB has submitted that several orders have been passed under Section 63 (2) of NDPS Act for disposal of case property. He has further submitted that provision of Section 63 (2) of NDPS Act clearly states that where any article is seized or appears to be confiscated under Sections 60/61/62 of NDPS Act, but the person who committed the offence is not known or found, the Court may inquire into such liability and may order confiscation of such articles accordingly. Therefore, in the present matter where the person cannot be found or identified after investigation, the case property or confiscated article are to be disposed of under Section 63 (2) of NDPS Act.

6. The learned standing counsel for the petitioner has submitted that whenever any article/thing or drug is seized under the NDPS Act, it is to be confiscated. He further submits that the statutory provisions under Section 63 of the NDPS Act cannot be ignored and there is no lapse anywhere except to destroy the property seized after the trial is over. It was further pointed out that under Section 63 sub-Clause (2) of NDPS Act where "the person who committed the offence is not known or cannot be found the Court may enquire into and decide such liability and may order confiscation accordingly" and it is the duty of the Court to look into its liability and proceed the matter as per law.

7. The learned standing counsel has submitted that while adopting the NDPS Act, the legislature has also formulated the procedure for destroying the narcotic substances under Section 52A of NDPS Act by adopting notification procedure so laid down in said Section of the NDPS Act. It is further submitted that Section 52A sub-clause(2) of NDPS Act is the procedure wherein the narcotics d