The legislative intent of Section 52A of NDPS Act is to enable the disposal of seized vehicles or substances to save them from hazardous nature, theft, substitution, constraint of proper storage space, or any other relevant consideration, without prejudicing the rights of the owner or defeating confiscation proceedings under other sections of the Act.

JUDGMENT

Pushpendra Singh Bhati, J. - The matter comes up on application preferred by NCB under Section 52-A of narcotic Drugs and Psychotropic Substances Act, 1985.

2. Mr. M.R. Pareek, counsel for the applicant, submits that the contraband in-question was seized from Alto car No. RJ06-CA-5239 on 26.12.2012.

3. Counsel for the applicant further submits that the inventory, which marks vehicle in-question, has been verified by the concerned Magistrate.

4. Counsel for the applicant further submits that this is not a confiscation proceeding under Sections 60, 61, 62 & 63 of NDPS Act but simply an application preferred under Section 52-A of NDPS Act to avoid further deterioration of vehicle in-question.

5. Counsel for the applicant submits that the proceeds shall remain subject to final outcome of appeal or any decision taken under Section 63 of the NDPS Act.

6. Counsel for the applicant has also drawn attention of this Court to Gazette notification dated 16.01.2015, in which, manner has been prescribed as to how narcotics drugs psychotropic substance controlled substance order and conveyance seized shall be disposed of under Section 52A of NDPS Act.

7. Section 52A of Narcotic Drugs and Psychotropic Substances Act, 1985, read as follows:-

"52A. Disposal of seized narcotic drugs and psychotropic substances.--

(1) The Central Government may, having regard to the hazardous nature of any narcotic drugs or psychotropic substances, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant considerations, by notification published in the Official Gazette, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances 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 drug or psychotropic substance 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 or psychotropic substances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs or psychotropic substances 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 or psychotropic substances 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 or substances and certifying such photographs as true; or

(c) allowing to draw representative samples of such drugs or substances, in the presence of such Magistrate and certifying the correctness of any list of samples so drawn.

(3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application.

(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence]."

8. The Gazette notification dated 16.01.2015, particularly, relevant para-2, 4, 5 & 9, whereof reads as follows:-

"2. Items to be disposed of-All narcotic drugs, psychotropic substances, controlled substances and conveyances shall be disposed of under Section 52A of the said Act.

4. Manner of disposal.-(1) Where any narcotic drug, psychotropic substance, controlled substan