Paridhi Arya
Published on June 16, 2022 at 18:33 IST
A Division of Bench Justice B Veerappa and Justice S. Rachaiah held that in the cases where NDPS Act applies the power to consider the question of interim custody of vehicle or conveyance is with Magistrate or Special Court under Sections 451 and 457 of CrPC.
The reference is made by the Chief Justice of Karnataka High Court through special order as there are two conflicting precedents of High Court on the issue.
The Counsel representing the Petitioners in the matter submitted that under Section 451 r/w 457 the power to decide the application of interim custody of conveyance is with Magistrate or Special Court. The Drug Disposal Committee has no power to decide interim custody.
The Counsel representing respondent submitted that the NDPS Act got amended and Section 52A was added after which Drug Disposal Committee (DDC) was formed. So, according to the NDPS Act, DDC is empowered the decide release of conveyance.
Counsel further submitted that Section 451 and 457 CrPC are not applicable because NDPS Act is special provision and it will prevail over CrPC.
The Court observed that the provisions of NDPS Act and CrPC are not inconsistent with each other. The purpose of forming DDC is to dispose the seized material in a proper way after getting the receipt of chemical analysis.
There is no provision for debarring the vehicle from release under NDPS Act and that is why conveyance can also be released under Section 451 of CrPC.
The court held Magistrate or Special Court has authority to decide the release of conveyance on the application of interim custody.