IMPORTANT POINT
The main legal point established in the judgment is that the jurisdictional Special Court under the Narcotic Drugs and Psychotropic Substances Act, 1985 has the power to order interim custody of vehicles seized under the Act by invoking the powers under Section 457 of the Code of Criminal Procedure.

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 Central Government was required to notify the officer who is to be vested with the powers with regard to disposal of the seized articles. Section 52A includes conveyances along with drugs and other psychotropic substances. Section 2(viii) of the Act defines “conveyance” to include any vehicle. Therefore, the applicability of Section 52A of the Act to vehicles seized in relation to an offence under the Act cannot be disputed.

5. Prior to the introduction of Section 52A as amended in 2014, the power of the Special Court to grant interim custody of the vehicle was not in issue. Whether the introduction of Section 52A in the Act denuded the Special Court of its power to order interim custody of the vehicle under Section 457 of the Cr.PC, is the question. In Shajahan’s case(supra), the Division Bench was of the view that, it did.

6. Section 52A of the Act reads thus:-

“52-A. Disposal of seized narcotic drugs and psychotropic substances.?(1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified.

(2) Where any narcotic drugs, psychotropic substances, controlled substances or conveyances has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such narcotic drugs, psychotropic substances, controlled substances or conveyances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs, psychotropic substances, controlled substances or conveyances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this Act and make an application, to any Magistrate for the purpose of-

(a) certifying the correctness of the inventory so prepared; or

(b) taking, in the presence of such Magistrate, photographs of such drugs, substances or conveyances and certifying such