TIKESHWAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of the CrPC is directed against the order dated 15-10-2020 passed by the learned Special Judge (NDPS), Korba in Criminal MJC No.1245/2020 by which the petitioner's application under Section 457 of the CrPC for grant of interim custody of the vehicle seized for commission of offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act'), has been rejected finding no merit.

(2.) The petitioner is registered owner of motorcycle namely, Bajaj Pulsar 180 DTS bearing registration No.CG-28/AT-0901, which was found involved in the commission of offence punishable under Section 20(b) of the NDPS Act. He filed an application under Section 457 of the CrPC for interim custody of the aforesaid vehicle, which has been rejected holding that since the vehicle in question is liable to be confiscated under Section 60 of the NDPS Act, therefore, it cannot be directed to be released on interim custody.

(3.) Mr. Pankaj Singh, learned counsel appearing for the petitioner, would submit that though the vehicle seized is liable to be confiscated under Section 60 of the NDPS Act, yet, by virtue of Section 36-C of the NDPS Act as well as by virtue of Section 51 of the NDPS Act, the provisions contained in Section 451 or 457(1) of the CrPC would be applicable as none of the provisions of the NDPS Act are inconsistent with the provisions of the CrPC and therefore in a deserving case, the right to interim custody provided under Section 451 or 457(1) of the CrPC cannot be denied and if the vehicle is allowed to remain in police station till the trial is concluded, it will go waste and it will be contrary to the decision of the Supreme Court in the matter of Sunderbhai Ambalal Desai v. State of Gujarat, 2002 10 SCC 283 .