Interim release of seized vehicle under NDPS law upheld where confiscation is future liability and CrPC safeguards apply.

Orissa HC held that a seized vehicle used for transporting contraband under the Narcotic Drugs and Psychotropic Substances Act could be released in interim custody under Section 457 CrPC, because the special statute did not exclude the CrPC provisions where no inconsistency existed. Liability to confiscation under Section 60(3) arises after the trial outcome and does not, by itself, bar interim release. The Court also applied the established safeguards for release of seized vehicles, including panchnama, photographs, valuation, a security bond, and conditions preventing alienation or misuse. The refusal to release the vehicle was therefore set aside in favour of the owner subject to protective conditions.

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Issues: Whether the seized vehicle used for transporting contraband under the Narcotic Drugs and Psychotropic Substances Act, 1985 could be released in interim custody under Section 457 of the Code of Criminal Procedure, 1973 despite the possibility of confiscation under the special statute.

Analysis: The vehicle had remained in police custody for a long period in an exposed condition, and the Court relied on the settled principle that seized property should not be retained longer than necessary when its continued custody serves no useful purpose and may lead to deterioration. The statutory scheme under Section 51 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not exclude the operation of Sections 451 and 457 of the Code of Criminal Procedure, 1973 where there is no inconsistency, and Section 60(3) only creates liability to confiscation after the trial outcome while not barring interim release. The Court also applied the guidelines governing release of seized vehicles, requiring panchnama, photographs, valuation, security bond, and safeguards against alienation and misuse.

Conclusion: Interim release of the seized vehicle was held to be permissible, and the refusal order was set aside in favour of the owner, subject to protective conditions.

Ratio Decidendi: Section 457 of the Code of Criminal Procedure, 1973 can be invoked for interim release of a seized vehicle under the Narcotic Drugs and Psychotropic Substances Act, 1985 because confiscation liability under Section 60(3) arises after trial and does not, by itself, exclude interim custody where adequate safeguards can protect the trial and future confiscation process.

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