THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.15341 of 2025

ORDER:

This Criminal Petition is filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.1 seeking to set aside the order dated 28.10.2025 passed in Crl.M.P.No.01 of 2025 by the Drug Disposal Committee, Sangareddy District. By the impugned order, the application filed by the petitioner seeking return of property in Crime No.118 of 2024 of Gummadidala Police Station, registered for the offences under Sections 8(c) r/w. 21(c), 22(c), 25, 27(a) and 29 of The Narcotic Drugs And Psychotropic Substances, Act, 1985 (for short ‘NDPS Act’), was

dismissed.

2. Heard Mr.S.Ram Reddy, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public

Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioner submitted that pursuant to the seizure of petitioner’s vehicle i.e., car bearing No.TS08FQ4140, he has approached the concerned Court i.e.,

I Additional District and Sessions Judge at Sanga Reddy (for short ‘trial Court’), praying for release of car and two mobile phones and the car. The trial Court has ordered for release of mobile phones, but dismissed the petition with regard to the release of car bearing No.TS08FQ4140. It was observed by the trial Court that vehicle is liable to be confiscated by the competent authority i.e., Drug Disposal Committee, and hence, the petitioner is not entitled for release of car. Pursuant to the said order dated 31.01.2025, the petitioner herein approached the Superintendent of Police, Sangareddy-cum-Chairman, Drug Disposal Committee, Sangareddy, with a prayer to release the car. However, the said petition was dismissed by the Committee on 28.10.2025 for the reasons stated therein. Aggrieved by the said order, the petitioner filed the present petition praying this Court to set aside the impugned order.

4. Learned Additional Public Prosecutor has submitted that the Drug Disposal Committee under Section 52 (A) of the NDPS Act is empowered to dispose of the property being confiscated to the State. The Drug Disposal Committee has rightly passed the impugned order and the same need not be interfered with. Hence, he prayed to dismiss the petition.

5. Perused the record.

6. The vehicle of the petitioner is seized during the course of investigation for the offences under Sections 8(c) r/w. 21(c), 22(c), 25, 27(a) and 29 of NDPS Act. The petitioner claims to be the owner of the car. Sections 60 and 52(A) of NDPS Act are relevant in this regard and the same are extracted herein for the sake of reference:

“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 or 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 or controlled substances which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance or 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 carrying any narcotic drug or psychotropic substance or controlled substance, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the a