BALWANT SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Sec. 397 read with sec. 401 of the CrPC is directed against the order dtd. 17/6/2022 passed by the learned Special Judge (NDPS), District - Dhamtari in Crime No. 53/2022 by which the petitioner's application under Sec. 457 of the CrPC for grant of interim custody of the vehicle seized for commission of offence punishable under Sec. 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 offending vehicle Truck bearing registration No. UP-70/ET-4025, which was found involved in the commission of offence punishable under Sec. 20(b) of the NDPS Act. He filed an application under Sec. 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 Sec. 60 of the NDPS Act, therefore, it cannot be directed to be released on interim custody.

(3.) Learned counsel for the petitioner, would submit that though the vehicle seized is liable to be confiscated under Sec. 60 of the NDPS Act, yet, by virtue of Sec. 36C of the NDPS Act as well as by virtue of Sec. 51 of the NDPS Act, the provisions contained in Sec. 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 Sec. 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.