The main legal point established in the judgment is that in case of inconsistency between the Cr.P.C. and the NDPS Act, Section 51 of NDPS Act shall prevail, and the rights of the parties regarding seized vehicles or substances will be determined when the relevant sections of the NDPS Act come into operation finally in the litigation.

JUDGMENT

1. Learned Senior Counsel Mr. Dhirendra Singh assisted by Mr. Ram Niwas Vishnoi appearing on behalf of the respondent submits that fate of the seized vehicle in NDPS law shall depend upon the merits of the case and once a vehicle has been released by the learned trial court as per procedure of Cr.P.C. then the restoration of the custody to the Narcotics Control Bureau cannot be permitted. Learned Senior Counsel further submits that a valid and lawful procedure of Cr.P.C. has been adopted and thereafter, the vehicle was to be released to the respondent and thus, any challenge to the same is contrary to the law. Learned Senior Counsel also submits that the fate of the vehicle has to be decided while keeping in purview Section 60, 61, 62 & 63 of NDPS Act.

2. Learned counsel for the petitioner Mr. M.R. Pareek however, submits that the Section 51 of the NDPS Act clearly prohibits operation of Cr.P.C., particularly, when it is inconsistent with the provision of this act. The Section 51 of NDPS Act reads as follows :-

"51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.-The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act. " Learned counsel for the petitioner further submits that Section 52 is an interim measure for disposal of the seized narcotic drug of substance and other associated seized articles including the vehicle conveyance and can be exercised without going into the merits of the case.

Learned counsel for the petitioner further submits that Section 52-A of NDPS Act, 1985 has been amended by the parliament in the year 2014 of which notification has been issued in the year 2015 and after this amendment, the departmental authorities have been given power to dispose of the conveyance seized with contraband after its verification and in the present case, the inventor verification under Section 52-A of NDPS Act is complete.

Learned counsel for the petitioner also submits that when any provision is already present in the special act, the provisions of other act cannot prevail over it. Thus, Section 457 & 451 of Cr.P.C. cannot prevail over the provision of NDPS Act. The Section 51 of NDPS Act speaks that provisions of NDPS Act shall prevail over the provisions of other Act in search and seizure proceedings. Learned counsel for the petitioner fairly submits that the issue in question is squarely covered by the judgment passed by this Court in Narcotics Control Board Bureau v. Shoyab Khan (S.B. Criminal Appeal No.1918/2017) decided on 13.07.2022, the relevant portion reads as under :-

"This Court after hearing counsel for the parties is of the firm opinion that Section 52A has a different legislative intent then Section 60, 61, 62 & 63. The legislative intent of Section 52A is not of confiscation but simply of disposal of seized vehicle or substance to save it from hazardous nature, theft, substitution, constraint of proper storage space or any other relevant consideration.

The legislative intention is very clear from a bare reading of Section 52A of NDPS Act and it does not prejudice the rights of the owner of vehicle or any substance to defeat confiscation proceedings under Sections 60, 61, 62 & 63 whereby final rights of such proceeds can be determined. 52A is an interim measure and is only to enable NCB to overcome the constraints of hazardous nature, theft, substitution, constraint of proper storage space or any other relevant consideration, which are already mentioned in Section 52A of NDPS Act. However, proceeds arising out of Section 52A shall remain with the NCB in capacity of custodian until a final decision is taken by the competent court regarding the final ownership which shall be in accordance with Sections 60, 61, 62 & 63. The Notification though subsequent but would apply because no ne