JUDGMENT

1. The applicant has moved this misc. application seeking modification/recalling of order dated 12.01.2021 passed by the Court directing for release of the vehicle seized as a cash property.

2. Notices were issued in this case, whereafter the counsel for the non-applicant has put in appearance and pointed out that in spite of order passed by the court, vehicle has not been released. It is also informed that the confiscation proceedings have not been concluded nor they have been initiated as the same are to be initiated in terms of Section 63 of the NDPS Act, 1985 which provides as under:-

"63. Procedure in making confiscations.

(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly.

(2) Where any article or thing seized under this Act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or can