The NDPS Act does not prohibit interim custody of seized vehicles; such custody can be granted under Cr.P.C. provisions if the owner proves lack of knowledge of the vehicle's use in the offence.

ORDER

With the consent of the parties, heard finally at motion stage. This petition has been filed under Section 528 of BNSS assailing order dated 19.02.2025 passed by Special Judge (NDPS Act), in SCNDPS No.55 of 2024 District - Katni, whereby, the petitioner's application for releasing Motorcycle bearing registration No.MP-54-ZB-4914 has been dismissed.

2. Learned counsel for the petitioner submits that he is registered owner of vehicle Motorcycle bearing registration No.MP-54-ZB-4914. Aforesaid vehicle has been allegedly seized by the police in Crime No.462 of 2024, Police Station Dhimarkheda District-Katni under Section 8/20 of NDPS Act. On above grounds, it is urged that order passed by the trial Court be set aside and vehicle Motorcycle bearing registration No.MP-54-ZB-4914 be released and given on Supurdagi.

3. Learned Government Advocate for the State has opposed the application.

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 narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, 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.

(iv). 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.

(1) Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.

(2) Any narcotic drug or psychotropic substance for controlled substances) lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance for controlled substances] which is liable to confiscation under sub-section (1) and there receptacles, packages and coverings in which any narcotic drug or psychotropic substance for controlled substances), materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation.

(3) Any animal or conveyance used in