SHANIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The alarming proportion at which the menace of drugs was growing in our country compelled the Supreme Court to make the following observations in Union of India v Mohanlal and another [(2016) 3 SCC 379];

(2.) For the purpose of deciding the issue involved in these cases the focus has to be shifted to another aspect dealt with in Mohanlal (supra) viz; the procedure for seizure, sampling, safe keeping and disposal of narcotic drugs and psychotropic and controlled substances and conveyances in the light of Sec. 52A incorporated through an amendment in 2014. After detailed analysis, the following directions were issued in Mohanlal;

(3.) The petitioners herein are owners of vehicles that were seized in connection with crimes registered under the NDPS Act. Except in three cases, the petitioners are not arrayed as accused in the crimes registered. In most of the cases, their applications under Ss. 451 or 457 Cr.P.C, seeking interim custody of the vehicles are rejected following Shajahan (supra). In some of the cases, the petitioners are directed to approach the Drug Disposal Committee.