2002 (2) TMI 1349

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....ril 2001 said tempo while going towards Azadpur Mandi was intercepted by the police and one polythene bag containing 400 grams of smack was recovered from inside the cabin of the seat of driver. Chargesheet based on said recovery has been filed against said Dev Narain. It is further alleged that after filing of chargesheet, tempo has been seized by the investigating officer and it is now lying at the police station. Application filed for released of tempo on superdari by the petitioner has been declined by the trial court by the order dated 31st July 2001. In case the tempo is .not released in favor of petitioner it would further get damaged. It is prayed that said order dated 31st July 2001 be set aside and tempo may be ordered to be given....

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....nection therewith is not known or cannot be fund, the court may inquire into and decide such liability and may order confiscation accordingly. Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim; Provided further that if any such article or thing other than a narcotic drug, psychotropic substance or controlled substance the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay or if the court if of opinion that its sale would be for the benefit of its owner, it may at any time direct it to b....

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....can be made only at the end of trial. Neither of the said two sections or any other section contained in the Act empowers the trial court to make an order for proper custody of such a conveyance pending trial. To be noted that by virtue of Section 51, the provisions of code of Criminal Procedure 1973 have been made applicable in so far as they are not inconsistent with the provisions of the Act, to all warrants issued and arrests, searches and seizures made under the Act. Obviously, provision made in said Section 451 Cr.P.C. is so far as it relates to passing of order for proper custody of conveyance pending conclusion of trial, is not inconsistent with any of the sections of the Act including Sections 60(3) and 63. Thus, in appropriate cas....