ORDER :

Shaffique, J.

These matters have come before us by way of a reference as per order of the learned Single Judge dated 9/4/2019. It was noticed that this Court in Hassainar Aseez B. v. State of Kerala (2017 (2) KLT 741) held that a vehicle which was seized under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) could be released subject to certain conditions if an application is filed u/s 451 of the Criminal Procedure Code. It was observed that S.52A of the NDPS Act read with the judgment of the Apex Court in Union of India v. Mohanlal and Another [(2016) 3 SCC 379] indicates that the Magistrate does not have jurisdiction to pass orders u/s 451 Cr.P.C. In the light of the aforesaid controversy, the matter has been referred to this Court.

2. The issue has been well covered by the judgment of the Apex Court in Mohanlal (supra). In that case, the Apex Court had occasion to consider the manner in which narcotic drugs and psychotropic substances are being seized, sampled and being kept safe. It was noticed that several of the contraband articles were being stored for a considerably long period which may ultimately result in destruction and