NDPS confiscation prevails over superdari release where a vehicle is alleged to carry contraband.

A vehicle allegedly used to transport contraband under the NDPS Act could not be released on superdari under the general custody provisions of the Code of Criminal Procedure. The special confiscatory scheme under the NDPS Act prevailed over Sections 451, 452 and 457 CrPC, and a conveyance used to carry narcotic drugs or psychotropic substances was liable to confiscation under Section 60(3). The inclusion of Ketamine as a psychotropic substance brought the seized material within the NDPS regime, making the release order unsustainable and requiring surrender of the vehicle in accordance with law.

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Issues: Whether the release of a vehicle allegedly used for transporting contraband could be ordered on superdari under the Code of Criminal Procedure when the matter was governed by the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The vehicle was alleged to have carried a large quantity of contraband linked to the NDPS Act. The provisions of Sections 451, 452 and 457 of the Code of Criminal Procedure deal with custody, disposal and seizure in ordinary criminal cases, but the NDPS Act is a special statute governing narcotic offences. Under Section 60(3) of the NDPS Act, a conveyance used in carrying narcotic drugs or psychotropic substances is liable to confiscation. The notification adding Ketamine to the schedule of psychotropic substances established that the seized material attracted the NDPS regime. In that situation, the general power of release on superdari could not justify the impugned order.

Conclusion: The order releasing the vehicle on superdari was unsustainable and was set aside.

Final Conclusion: The petition succeeded, and the trial court was directed to secure surrender of the vehicle in accordance with law.

Ratio Decidendi: Where a conveyance is alleged to have been used in carrying contraband governed by the NDPS Act, the special confiscatory scheme of that Act prevails over the general custody powers under the Code of Criminal Procedure.

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