Interim custody of seized vehicles is permissible under criminal procedure where narcotics law gives no express bar to release.

A seized vehicle connected with offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 may be released on sapurdari under Section 451 of the Code of Criminal Procedure, 1973 because Section 51 applies the Code where there is no inconsistency and the Act contains no express bar on interim custody. Since confiscation under Sections 60(3) and 63 is to be determined after trial, the court may protect the property from remaining unused and deteriorating in police custody pending proceedings, while preserving the claimant's opportunity to contest confiscability at the appropriate stage.

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Issues: Whether a vehicle seized in connection with offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be released on sapurdari by invoking Section 451 of the Code of Criminal Procedure, 1973, in the absence of any express prohibition in the special statute.

Analysis: Section 451 of the Code of Criminal Procedure, 1973 empowers the criminal court to make orders for proper custody of seized property pending inquiry or trial. Section 51 of the Narcotic Drugs and Psychotropic Substances Act, 1985 makes the provisions of the Code applicable to seizures under that Act so far as they are not inconsistent with its provisions. The Act contains provisions for eventual confiscation under Sections 60(3) and 63, but no provision expressly bars interim release of a vehicle pending trial. The court held that a seized vehicle should not be left unused and deteriorating in police custody when the trial is still pending, and that the question of confiscation is to be decided only after conclusion of trial and after giving the claimant an opportunity to disprove liability to confiscation.

Conclusion: A vehicle used for transporting narcotic drugs and psychotropic substances can be released on sapurdari under Section 451 of the Code of Criminal Procedure, 1973, even in proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Ratio Decidendi: Where the special statute does not expressly prohibit interim custody and the corresponding provisions of the Code are not inconsistent with it, the court may release seized property on sapurdari pending trial.

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