THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the State seeking to quash the order dated 28.11.2024 passed in Crl.M.P. No.989 of 2024 passed by the I-Additional District and Sessions Judge, Kothagudem, granting interim custody of the vehicle in favour of the owner of the vehicle.

2. Heard Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the petitioner-State and Sri S. Sudershan, learned counsel for the respondent.

3. The contention of the learned Additional Public Prosecutor is that it is only the Drug Disposal Committee, who has to release the property seized during the course of investigation under Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’) and that the Special Court dealing with the NDPS cases does not have any power to release the same. He further 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.

4. The learned counsel for the respondent has submitted that it is against the statutory provisions that the Drug Disposal Committee has to dispose of the case property. He further submitted that the le