Interim release of seized conveyance in NDPS cases is permissible under Section 451 CrPC despite the confiscation scheme.

A conveyance seized in an NDPS case can be released on superdari under Section 451 CrPC pending trial because interim custody is not inconsistent with the NDPS confiscation scheme. Sections 60(3) and 63 of the NDPS Act require confiscation proceedings after notice and consideration of competing claims, with final confiscation decided at the end of trial, while Section 51 preserves the CrPC where there is no inconsistency. Where the claimant is the registered owner and continued idle detention may cause damage, interim release is warranted. The refusal to release the vehicle was therefore unsustainable.

---

---

Issues: Whether a conveyance seized in connection with an NDPS case could be released on superdari pending trial under Section 451 of the Code of Criminal Procedure, 1973 despite the confiscation scheme under Sections 60(3) and 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: Sections 60(3) and 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 provide for confiscation of a conveyance used for carrying narcotic drugs after notice and consideration of the claim of the person asserting rights over it, and the confiscation decision is to be made at the end of the trial. Section 51 of the Narcotic Drugs and Psychotropic Substances Act, 1985 makes the Code of Criminal Procedure, 1973 applicable where it is not inconsistent with the Act. Section 451 of the Code of Criminal Procedure, 1973 authorises a criminal court to make orders for proper custody of property pending inquiry or trial, and that provision was held not to be inconsistent with the special Act in relation to interim custody of the conveyance. As the petitioner was the registered owner and the vehicle was likely to suffer damage by remaining unused, interim release was warranted.

Conclusion: The conveyance could be released on superdari pending trial under Section 451 of the Code of Criminal Procedure, 1973, and the order refusing release was unsustainable.

---