JUDGMENT

Dated this the 3rd day of July, 2023 Petitioner's vehicle bearing registration No.KL-34-E-6279 was seized in connection with Crime No.1716 of 2021 of Kanjirapally Police Station registered for the offence punishable under Section 20(b)(ii) B of the NDPS Act .

2. The petitioner is not an accused in the crime. He moved an application for interim custody of the vehicle before the jurisdictional court and the court allowed that application as per Ext.P2. In the meanwhile, the vehicle was sent to the Drug Disposal Committee, following the procedure prescribed in Section 52A of the NDPS Act . Unaware of the direction in Ext.P2, the Drug Disposal Committee sold the vehicle to the fourth respondent in public auction, vide Ext.P3 proceedings. This writ petition is filed seeking to set aside Ext.P3 proceedings of the Drug Disposal Committee.

3. I heard the learned Counsel for the petitioner and the learned Public Prosecutor. 4. A perusal of Ext.P2 shows that the Drug Disposal Committee was not made a party to the petition filed under Section 451 Cr.P.C. Hence, the Drug Disposal Committee was unaware of Ext.P2 order and cannot be faulted for selling the vehicle. As has been observed