Interim release of seized vehicles in NDPS cases is permissible, subject to judicial discretion and protective conditions.
Interim release of a vehicle seized in an NDPS case is permissible because the NDPS Act contains no specific bar against such return. In the absence of a statutory prohibition, the general custody powers under Sections 451 and 457 CrPC remain available, read with Section 51 of the NDPS Act, to authorise release pending the criminal case. The power is discretionary and must be exercised on the facts of each case. If release is ordered, the court should impose protective conditions to ensure identification and future production of the vehicle and to prevent its sale or transfer before trial concludes.
Issues: Whether a vehicle seized in connection with an NDPS case can be released in the interim under the Code of Criminal Procedure, and what conditions, if any, must govern such release.
Analysis: The reference was answered in the light of the NDPS Act and the applicable provisions of the Code of Criminal Procedure. It was held that the NDPS Act does not contain any specific bar or restriction against interim return of a seized vehicle used for transporting narcotic drugs or psychotropic substances. In the absence of such a bar, and having regard to Section 51 of the NDPS Act, the court may invoke the general powers under Sections 451 and 457 of the Code of Criminal Procedure for release of the vehicle pending final decision in the criminal case. The power is discretionary and must be exercised on the facts and circumstances of each case. Where release is ordered, appropriate safeguards are necessary to secure identification, future production, and to prevent sale or transfer before conclusion of the trial.
Conclusion: Interim release of a seized vehicle in an NDPS case is permissible in law, subject to judicial discretion and suitable protective conditions.
Ratio Decidendi: In the absence of a specific statutory prohibition, the general custody powers under the Code of Criminal Procedure remain available for interim release of seized conveyances in NDPS cases, subject to conditions that protect the evidentiary and confiscatory interests of the prosecution.
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