ORDER :

SATHISH NINAN, J

Whether the jurisdictional special court can exercise powers under Section 457 of the Code of Criminal Procedure (herein after referred to as “Cr.PC”) to order interim custody of a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as “the Act”), is the short question posed in this reference.

2. In Shajahan v. Inspector of Excise and Others 2019 (5) KHC 401, a Division Bench of this Court had answered the above in the negative. Taking note of the contrary view taken by a Division Bench of the Karnataka High Court in a reference order, another Division Bench of this Court was of the opinion that the issue needs a re-look.

3. We have heard Sri.Suresh Kumar Kodoth, the learned counsel for the appellant and Sri.K.P.Harish, the learned Senior Government Pleader for the respondent.

4. Section 52A of the Act deals with “disposal of drugs, substances and conveyances” seized in relation to commission of an offence under the Act. Section 52A was inserted by Act 2 of 1989 with effect from 29.05.1989. Section 52A(1) was substituted by Act 16 of 2014 with effect from 01.05.2014. As per the substituted provision, the Centra