[NDPS Act] Trial Court Can Order Release Of Seized Vehicle From Interim Custody Till Disposal Of Main Case: Karnataka HC

Headnote:

Criminal Procedure Code, 1973: Section 457—Release of seized vehicle—-NDPS Act Section 76 r/w 52(a)----Petitioner RC holder of the vehicle challenged order of the special court rejecting his application seeking release of vehicle as accused driver arrested for possessing contraband was also released on bail—---Held—-Reference made to Division Bench judgment in Crl.RP.No.623/2020—-In view of the fresh notification issued by the Central Government dated 23.12.2022, though, the earlier notification dated 16.01.2015 has been repealed, there is no clarification for release of the vehicle for interim custody—-DB judgment is applicable for the release of the vehicle for interim custody. The court always has the power for release of the vehicle for interim custody, till disposal of the main case—-(Para 11/15). Petition allowed.

The Karnataka High Court has clarified that the trial court has the power to release the vehicle from interim custody, under Section 451, 457 of the Criminal Procedure Code, till disposal of the main case registered under provisions of the Narcotics Drugs and Psychotropics Substances Act (NDPS).

A single judge bench of Justice K Natarajan held thus while allowing a petition filed by Kawal Jeet Kaur the RC holder of a vehicle which was seized by the Excise Range Office after arresting its drivers who were found in possession of contraband.

The owner had moved the application under Section 457 of Cr.P.C. before the Special Court for interim custody of the vehicle, which came to be rejected. Then he filed another application before the Drugs Disposal Committee(DCC), which also did not permit.

The prosecution opposed the plea saying that if the vehicle was released, the petitioner may use it for the commission of other offences, for absconding or may sell it, which would delay the proceedings.

Findings:

The trial court had rejected the application on the ground that the Central Government has issued a new or fresh notification dated 23.12.2022, vide which, the notification dated 16.01.2015 is repealed.

The bench referred to the Division Bench judgment in Crl.RP.No.623/2020 wherein it has elaborately held that the Court has the power to release the properties as per the notification issued by the Central Government dated 16.01.2015.

Then it said, “Based upon order of the Division Bench of this Court, the Courts started disposing of the applications under Sections 451 and 457 of Cr.P.C. But, in view of the fresh notification issued by the Central Government dated 23.12.2022, though the earlier notification dated 16.01.2015 has been repealed, there is no clarification for release of the vehicle for interim custody.”

The court stated that the Central Government has power under Section 76 of the NDPS Act for framing rules, and Section 52(a) provides guidelines for the disposal of the seized narcotic drugs and psychotropic substances. It further observed that the Central Government has issued a new notification only for further clarification. But, there was no clarification with respect to the release of the vehicle from interim custody.

The court then held “The judgment of the Division Bench of this Court in the aforesaid case continues to apply, even to the present notification dated 23.12.2022. Therefore, the Special Court/Magistrate has power to release the vehicle in question for interim custody under Sections 451 and 457 of Cr.P.C. and the owner shall take defence and he shall prove that the vehicle was used without his knowledge by the person transporting the drugs.”

It added, “The Court always has the power for release of the vehicle for interim custody, till disposal of the main case.”

Accordingly, it allowed the petition, set aside the trial court order and directed the release of the vehicle.

Appearance: Advocate Rajesh Doddamani for Petitioner.

HCGP Jamadar Shahbuddin for Respondent

Citation No: 2024 LiveLaw (Kar) 366

Case Title: Kawal Jeet Kaur AND State of Karnataka Case No: CRIMINAL PETITION NO.200895 OF 2024

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