Point of Law: Section 60(3) of the NDPS Act provides that any conveyance or vehicle used in carrying any Narcotic Drugs or Psychotropic Substances shall be liable to confiscation.

JUDGMENT :

A. BADHARUDEEN, J.

1. This writ petition (Criminal) has been filed under Article 226 of the Constitution of India, and the prayers herein are as under:

“(I) Issue a writ of mandamus or such other writ, order or direction directing the 3rd respondent to release the Ford Figo car bearing Reg. No. KL-65-L-3810 to the petitioner.

(II) Call for records leading to Exhibit P5 order issued by the Drug Disposal Committee and issue a writ of certiorari or such other writ, order or direction quashing the same.

(III) Issue any order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. A pertinent legal question to be decided is: whether vehicle piloting or accompanying another vehicle, which is transporting Narcotic Drug and Psychotropic Substances to be held as vehicle used as conveyance in carrying the contraband so as to confiscate the same under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act ?

3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor representing the State.

4. The prosecution allegation in Crime No. 404/2021 of Pudukkad Police station is that, accused Nos. 1 to 4, with intention to make unlawful enrichment, brought 154.3 kilograms of Ganja from outside the State to Kerala State for the purpose of sale as part of conspiracy hatched between them at Dream Stay lodge. The further allegation is that, the 3rd accused who brought KL-58-T-2312 tempo van from its RC owner for rent had kept Ganja in special racks made in the tempo van and transported the same to Kerala from outside Kerala.

5. The prosecution would allege further that, while the 1st accused was transporting the Ganja in the tempo van bearing registration No. KL-58-T-2312 along with the 2nd accused, the 3rd and 4th accused had given pilot to the said vehicle by traveling in a car bearing registration No. KL-65-L-3810 from Valayar, Palakkad towards Kerala and the contraband seized at about 14.15 hours on 01.08.2021, when they reached near Paliyekkara Toll Plaza. Accordingly, accused Nos. 1 and 2 were arrested along with the contraband and the tempo van bearing registration No. KL-58-T-2312 and the contraband were seized by the Police. Thereafter accused Nos. 3 and 4 were also arrested and the car bearing registration No. KL-65-L-3810 was taken into custody, on the allegation that accused Nos. 3 and 4 given pilot to the vehicle bearing registration No. KL-58-T-2312. In this matter, the prosecution alleges commission of offences punishable under Sections 20(b) II(c), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as ‘NDPS Act’ for short).

6. When the petitioner herein, who is the RC owner of car bearing registration No. KL-65-L-3810, moved an application before the Drugs Disposal Committee, claiming that the vehicle had no involvement in the crime on the specific assertion that the prosecution records would not justify transport of contraband in the said vehicle, the Drugs Disposal Committee, as per the order dated 06.11.2021 rejected the said contention as per Ext.P5 order. It is in this context, the petitioner has approached this Court for the above reliefs.

7. It is argued by the learned counsel for the petitioner that, the petitioner who is the RC owner of the car bearing registration No. KL-65-L-3810 has no involvement in the said crime. Further, the prosecution has no case that the contraband was seized from this car while using the same as conveyance to transport the contraband.

8. It is argued by the learned counsel for the petitioner that, as per Section 60(3) of the NDPS Act, conveyance or vehicle used in carrying any narcotic drugs and psychotropic substances shall alone be liable to be confiscated. He also would submit that, the prosecution has no case that the contraband was carried in the car bearing registration No. KL-65-L-3810 or the same was used as a conveyance to carry the contraband. Theref