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 learned Judge of the Special Court has rightly granted the interim custody of the vehicle to the petitioner herein, who is the owner of the vehicle. He, therefore, prayed to dismiss the petition confirming the orders of the Special Court.

5. Perused the record.

6. The vehicle i.e. Maruti Ertiga car bearing registration No.TG 15T 1322 was seized during the course of investigation by the police in a case in COR No.332 of 2024 and on a petition filed by the owner of the vehicle vide Crl.M.P. No.989 of 2024, the learned I-Additional District & Sessions Judge, Kothagudem, has passed orders dated 28.11.2024 releasing the interim custody of the car in favour of the respondent herein. Aggrieved by the said order, the present petition is filed by the State. The contention of the State is that the Sessions Court does not have any power to release the vehicle, appears to be against the statutory position. Section 60 of the NDPS Act is pertinent to be referred in this regard. Hence, the same is extracted hereunder 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 animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use.”

7. Thus, a vehicle seized under NDPS Act shall be confiscated unless the owner proves that it is used without his knowledge or connivance and in case if