Interim custody of seized vehicles under CrPC may be granted despite NDPS confiscation provisions, to preserve property.

A vehicle seized in connection with an NDPS offence may be released in interim custody under Section 457 CrPC, because Section 60(3) of the NDPS Act does not create an express bar to such release. The requirements in Section 60(3) relate to confiscation after trial, where the owner must address the question of use without knowledge or connivance, and do not govern interim custody. Prior decisions also support release to a registered owner to preserve the vehicle and prevent deterioration. Refusal of interim release solely on the basis of Section 60(3) is therefore unsustainable.

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Issues: Whether a vehicle seized in connection with an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be released in interim custody under Section 457 of the Code of Criminal Procedure, 1973 notwithstanding Section 60(3) of that Act.

Analysis: The seized vehicle was not required to remain in police custody until the conclusion of trial merely because it was liable to eventual confiscation under Section 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The statutory scheme contained no express bar against resort to Section 457 of the Code of Criminal Procedure, 1973 for interim release of the vehicle. The conditions in Section 60(3), relating to proof of use without knowledge or connivance of the owner, operate at the stage of confiscation after trial and do not control the question of interim custody. The prior decisions relied upon recognized that a registered owner may be given interim custody to preserve the vehicle and prevent deterioration.

Conclusion: Interim release of the seized vehicle under Section 457 of the Code of Criminal Procedure, 1973 was permissible and the rejection of the release application solely on the basis of Section 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 was unsustainable. The relief was granted in favour of the petitioner.

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