The court ruled that a vehicle seized under the NDPS Act can be released on interim custody unless the owner is implicated in the unlawful use, affirming the application of Sections 451 and 457 of the Criminal Procedure Code.

ORDER :

ACHAL KUMAR PALIWAL, J.

1. This criminal revision has been filed under Section 438 read with Section 442 of BNSS Act assailing order dated 29.08.2024 passed in MJCR case No. 1632/2024 passed by Additional Special Judge (NDPS) Rewa, whereby applicant's application under Section 457 of Cr.P.C.( Section 503 of ) for releasing/giving vehicle Scorpio bearing registration No. MP-19-BB-1917 on Supurdagi has been dismissed.

2. Learned counsel for the applicant submits that learned Trial Court has dismissed applicant's application solely on the ground that impugned vehicle is liable to be confiscated under provision of NDPS Act and in the instant case, investigation has not been completed. Trial Court has wrongly dismissed applicant's application. Learned counsel for the applicant, after referring to provision of Section 63 of NDPS Act as well as order passed by the Coordinate Bench of this Court in M.Cr.C. No. 38089/2021 ( Surendra Dhakad Vs. State of MP ) vide order dated 13.01.2022, in Cr.R. No. 2971/2019 ( Manoj Kumar Vs. State of MP ) vide order dated 27.08.2019 and in Cr.R. No. 3530/2021 ( Rahul @ Anurag Chourasiya Vs. State of MP ) vide order dated 14.03.2022, submits that any vehicle seized under NDPS Act can be confiscated only after completion of trial and Collector has no right to confiscate the vehicle seized under NDPS Act. On above grounds, it is urged that order passed by the trial Court be set aside and vehicle MP19-BB-1917 be released and given on supurdagi.

3. Learned counsel for the State submits that confiscation proceedings are under going on. No final order of confiscation has been passed in the instant case. Further, investigation under Section 193 of BNSS ( Section 173 of Cr.P.C.) is still going on. If vehicle is released on supurdagi, then, it may be disposed of by the owner of vehicle. Learned counsel for the respondent/State further submits that in view of provisions contained in Rules 16 to 23 of NDPS (Seizure, Storage, Sampling and Disposal) Rules 2022 (hereinafter referred as “Rule 2022”), vehicle seized under NDPS Act cannot be released on interim custody because in view of aforesaid provisions in aforesaid rules, vehicle seized under NDPS Act can only be disposed of by drug disposal committee. On above grounds, it is urged that revision filed by the applicant be dismissed.

4. Heard learned counsel for the parties and considered rival submissions made hereinabove and has also gone through the record of the case.

Relevant provisions of law of NDPS Act:-

5. Before discussing the issues involved in the case, it would be appropriate to refer relevant provisions of law which are as under:-

“(i). 36-C. Application of Code to proceedings before Special Court – Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973(2 of 1974), (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purpose of the said provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a „Special Court‟ shall be deemed to be a Public Prosecutor.

(ii). 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, all the warrants issued and arrests, searches and seizures made under this Act.

(iii). 52-A(1). 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 narco