RATHNAMMA Vs. STATE

JUDGEMENT

(1.) I. Brief facts of the case

(2.) Subsequently another learned Single Judge of this Court in the case of Zubaida vs State of Intelligence Officer, NCB in Criminal Petition No.4792/2020 by the order dtd. 24/11/2020 has taken a different view holding that in view of the amended provisions of 52A of the NDPS Act, The Magistrate or Special Court has no jurisdiction to consider an application under Sec. 451, 452 or 457 of the Code of Criminal Procedure for granting interim custody or otherwise of the seized article to an applicant when such seizure has been made under the provisions of the NDPS Act and it is the duty of the DDC, which is the authority to grant interim custody of the seized vehicle, in view of the dictum of the Hon'ble Supreme Court in the case of Union of India vs. Mohanlal and another reported in (2016)3 SCC 379.

(3.) In view of the order passed by the learned Single Judge of this Court in Zubaida's case (supra), the learned HCGP filed I.A. No. 1/2020 in Crl.RP No.623/2020 under the provisions of Sec. 482 of the Code of Criminal Procedure to recall the order dtd. 12/11/2020, on the ground that the provisions of Sec. 52A of the NDPS Act and the notification issued by the Central Government in January 2015 empower the Drug Disposal Committee ('DDC' for short) to dispose off seized narcotic drugs and psychotropic substances and conveyances under the NDPS Act. The learned Single Judge while rejecting the said application for recalling, has observed that Clause (2) of pargraph-4 of the notification issued by the Central Government runs counter to Ss. 60 and 63 of the NDPS Act and further having regard to the provisions of the NDPS Act, the DDC has no independent power to entertain any application for release of the seized vehicle to the interim custody nor has it been entrusted with the jurisdiction to adjudicate the claim of the owner for release of the vehicle either under Sec. 52A of the NDPS Act or under the notification issued by the Central Government and these questions have to be decided by the Larger Bench.