IMPORTANT POINT
The main legal point established in the judgment is that the trial court has the discretion to grant interim custody of a vehicle seized under the NDPS Act under Section 451 of the Cr.P.C., and there is no specific bar under the NDPS Act for such release.

JUDGMENT :

1. The applicant Union of India – NCB, Ahmedabad Zonal Unit, has preferred this application under Article 226 read with Section 482 of the Cr.P.C., whereby, the Department has questioned the legality and correctness of the order dated 12.03.2021, passed in Cr.MA. No. 1759 of 2021, whereby, the learned Additional Sessions Judge, Ahmedabad, exercising, its discretion under Section 451 of the Cr.P.C., passed an interim order for custody of vehicle bearing Registration No. JK-13F-4922 in favour of the Private Respondent Gulam Rasool.

2. This Court has heard learned counsel Mr. Kartik Pandya, learned Standing Counsel appearing for and on behalf of the applicant, Mr. Aditya Bhatt, and Mr. Jay Mehta, learned State Counsel for the respective parties.

3. Brief facts giving rise to file present application are that, the vehicle in question No. JK-13F-4922 seized in connection with the offence being CR. No. NCB/AZU/CR.No.01/2021 for the offence punishable under Sections 8(c), 20(b)(ii)(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to case of the Narcotics Control Bureau, applicant herein that the Zonal Unit, Ahmedabad received a specific information on 20.01.2021 that “3 persons namely Moin Asraf, Mohd. Chopan and Raja Rameez are travelling in a truck being JK-13F-4922 with the contraband narcotics drugs “Charas” weighting about 23 Kg. and same is concealing in the vehicle and name of the driver is Moin Asraf and they will deliver it to one Avesh Pathan, resident of Mehmdabad, Porbandar, Gujarat and they are passing between Unjha, Dist.: Mehsana to Ahmedabad. After following the mandatory procedure, the Intelligence Officer formed a team and in presence of independent panchas, reached at the place namely S.P. Ring Road, Ahmedabad and on seeing the said truck, they intercepted the vehicle. The officer found the cartoon boxes containing therein 23 packets of charas, total weighing 23.762 Kgs. and same has been seized along with the truck. The driver along with two persons traveling in the truck have been arrested. During the investigation, the officer got the information from the Regional Transport Office, Srinagar in relation to the seized truck, which allegedly registered in the name of Gulam Rasool, the private respondent herein.

In the aforesaid facts and circumstances, the second respondent being a registered owner of the vehicle, through his power of attorney by filing Cr.M.A. No. 1759 of 2021 claimed interim custody of the vehicle under Section 451 of the Cr.P.C. The learned Additional Sessions Judge, Ahmedabad, after hearing the parties, held and observed that, the vehicle used for transporting the narcotic drugs can also be released under Section 451 of the Cr.P.C. and accordingly, imposing necessary conditions, released the interim custody of the vehicle pending the trial proceedings.

Being aggrieved by the said order dated 12.03.2021, the applicant NCB, Zonal Unit, Ahmedabad, Union of India, by invoking extra ordinary jurisdiction of this Court, has challenged the findings and observations made by the learned Sessions Court.

4. Mr. Kartik Pandya, learned Standing counsel has submitted that the vehicle was found to be involved in a serious crime and if it is handed over to the respondent, the same would be used for commission of the similar kind of offences. On issue of law, referring Section 52A of the NDPS Act, he would urge that, for disposal of the vehicle and drugs, the application was made under Sub-Section (2) of Section 52A of the NDPS Act and in such circumstances, once the proceedings under Section 52A is in process and the Drug Disposal Committee is in seicin of the proceedings, the trial Court could not have exercise its discretion under Section 451 of the Cr.P.C. That, the vehicle in question, admittedly used in transporting the contraband drugs and in view of Section 60(3) of the NDPS Act, it shall be liable to be confiscated.

5. In view of the aforesaid contentions ur