AI Overview...
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Power of DDC to Release Conveyance - The DDC (Drug Disposal Committee) is vested with the authority to consider applications for the release of conveyances (vehicles) seized in drug-related cases, as per amended provisions of Section 52A of the NDPS Act and relevant notifications. Some courts have recognized this power explicitly, while others have noted the absence of specific rules framed by the Central Government for conveyance release Rathnamma VS State Represented By Psi, Channagiri Police Station - Karnataka, KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - Karnataka, R. Saiju vs The Superintendent of Police - Madras.
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Judicial Decisions on Conveyance Release - Courts have allowed petitions for interim release of vehicles seized under the NDPS Act, emphasizing that the DDC has the authority to decide on disposal or release, and that there is no statutory rule prohibiting such releases. For instance, the Special Court's authority to release conveyances has been upheld, and in some cases, the courts have set aside orders denying release, directing the vehicles to be released KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - Karnataka.
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Legal Provisions and Procedures - Sections 451 and 457 of the CrPC, along with Section 52A of the NDPS Act, form the basis for applications seeking release of conveyances. The SOPs (Standard Operating Procedures) also specify procedures for return of conveyances, and claims of ownership can be made directly to the Drug Disposal Committee. The courts have recognized these provisions as enabling the release process R. Saiju vs The Superintendent of Police - Madras.
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Limitations and Restrictions - The NDPS Act, particularly Sections 19, 24, 27-A, and 37, impose restrictions on releasing accused or conveyances involved in offenses involving commercial quantities of narcotics or psychotropic substances. Such restrictions are aimed at preventing bail or release in serious cases, but the power of the DDC to release conveyances in non-penal contexts remains recognized . VS . - Madras.
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Role of Magistrates and Special Courts - Magistrates and Special Courts have the jurisdiction to order interim release of conveyances, subject to safeguards. Their decisions depend on the nature of the case, statutory provisions, and procedural rules. Where the DDC is involved, its discretion plays a significant role in the release process ZUBAIDA Vs STATE OF INTELLIGENCE OFFICER - Karnataka, Vetrivel vs The State of Tamilnadu - Madras.
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Conclusion - The DDC has the statutory power to consider and approve the release of conveyances seized under the NDPS Act, subject to procedural rules and judicial oversight. Courts have increasingly recognized this authority, allowing for interim releases in appropriate cases, while also respecting restrictions imposed by the NDPS Act on serious offenses involving large quantities. The absence of specific rules by the Central Government has not prevented courts from affirming the DDC's role in disposal and release matters KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - Karnataka, R. Saiju vs The Superintendent of Police - Madras.
References:
- Rathnamma VS State Represented By Psi, Channagiri Police Station - Karnataka, KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - Karnataka, R. Saiju vs The Superintendent of Police - Madras, . VS . - Madras, ZUBAIDA Vs STATE OF INTELLIGENCE OFFICER - Karnataka, Vetrivel vs The State of Tamilnadu - Madras, SHAHRUKH vs STATE OF UTTARAKHAND - Uttarakhand
Search Results for "Ddc has Power to Release Conveyance"
2022 0 Supreme(Kar) 745 • India - Karnataka
M. NAGAPRASANNA
of interim custody of the conveyance/vehicle; Issues: Whether the learned Magistrate/Special Court is conferred power/jurisdiction ... of interim custody of the conveyance/vehicle; ... dated 14.1.2020 rejecting the application filed by the petitioner under Section 451 r/w 457 of the Code of Criminal Procedure for release ... Thus, he contended that in view of the amended provisions of Section 52A of the NDPS Act and the notification dated 16.1.2015, DDC is empowered to consider the application for #HL_....
2024 0 Supreme(Kar) 357 • India - Karnataka
K. NATARAJAN
Issues: Whether the Special Court under the NDPS Act can release the vehicle seized for drug offenses, and ... court erred in denying the petitioner's application for interim custody, affirming that the Special Court has the authority to release ... Result: The petition is allowed; the order of the Sessions Judge is set aside, and the vehicle is to be released ... The DDC is meant for disposing the drugs and for release of conveyance, there is no rule framed by the Central Government....
2025 Supreme(Online)(Mad) 62689 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE B.PUGALENDHI
Psychotropic Substances Act, 1985 - Section 52A - Code of Criminal Procedure, 1973 - Sections 451 and 457 - Writ of Mandamus for release ... Therefore, the core question to be considered is whether such release of vehicle can be granted under the general provisions of the a href="./.. ... Any person claiming the ownership of the conveyance, he may approach the concerned Drug Disposal Committee directly and make his claim. ... The SOP also deals with return of conveyances in clear terms. 57. As a result of the above posi....
2021 0 Supreme(Mad) 1886 • India - Madras
B.PUGALENDHI
punishable under Section 19 or Section 24 or Section 27-A of NDPS Act and accused of an offence involving commercial quantity shall be released ... Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act, 1985] mandates that no person accused of an offence punishable under Section 19 or Section 24 or Section 27-A of the NDPS Act and accused of an offence involving commercial quantity, shall be released on bail, unless the ... Para (9) prescribes the mode of disposal of the drugs, while para (10) requires the Committee to intimate ....
2021 0 Supreme(UK) 665 • India - Uttarakhand
SHARAD KUMAR SHARMA
Bail – Criminal Procedure Code, 1973, Sec. 439 – Applicant seeking his release on bail – Preferred application ... The dictionary meaning of the expression 'bail' denotes a security for appearance of a prisoner for his release. ... , 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, ....
2023 0 Supreme(Jhk) 35 • India - Jharkhand
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
– Tenancy Act, 2019 – Section 50 – Order for restoration – All these communications and General Notice inviting objection(s) to release ... Mere claim on the basis of release of the land under Section 50 of the C.N.T. Act is not acceptable, more so when the petitioner has admittedly paid no compensation. ... According to the Tata Steel, the subject-property which was recorded in the name of Bengal Kumhar in the revisional survey settlement operations during 1934-1937 is part of the acquired lands comprised in the aforesaid deeds of conveyance#HL_....
2014 0 Supreme(AP) 1085 • India - Andhra Pradesh
RAMESH RANGANATHAN, M.SATYANARAYANA MURTHY
referred with approval by Supreme Court in State of Andhra Pradesh Hyderabad Asbestos Cement Production Limited - It was held that power ... shown and Sales Tax Appellate Tribunal Andhra Pradesh Act was also governed by Regulation which was only a reiteration of very same power ... In other words, the person who has secured the release of the goods from the carrier, who has filed the bill of entry, and who has undertaken the work of clearance, continues to be an importer. ... ... The functions and responsibilities of the CHA, as an Agent....
• India - High Court of Karnataka
SURAJ GOVINDARAJ
/or release any item seized under the NPDS Act. ... dominion over the seized conveyance has been vested with the DDC to decide on the nature and manner of disposal as per its wisdom. ... is available except to include the word 'conveyance'. ... That perhaps be the reason why the special court has refused to release the vehicle. ... No.4792 OF 2020 22 such power, in the present case, it is DDC.
2025 Supreme(Online)(Mad) 70250 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Accordingly, this is a fit case to exercise the power under Section 497 of the BNSS, 2023 (and, where applicable, Section 503 of the BNSS) to order interim release, subject to stringent safeguards. 36. ... The vehicle in question was seized as the conveyance used in the commission of the alleged offence and was produced before the jurisdictional Magistrate. ... The respondent police are directed to release the vehicle, viz., Maruti Suzuki Tour car bearing Registration No. ... Section 60(3) of the NDPS Act makes a #HL_STA....
• India - Uttarakhand
specify such narcotic drugs, psychotropic substances, controlled This bail application under Section 439 Cr.P.C., has been been relied by the counsel for the applicant for substantiating, his case for 02.01.2020, the principal ground, which was taken by the applicant for (i) the Public Prosecutor has been given an opportunity to oppose the application for such release
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