SURENDRA DHAKAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure is directed against the order dtd. 18/6/2021 passed by learned 7th Additional Sessions Judge, Morena in Criminal Revision No.33/2021 by which the petitioner's revision under Sec. 397 Cr.P.C. for grant of interim custody of the vehicle seized for commission of offence under Sec. 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the NDPS'"Act) has been rejected finding no merit.

(2.) The petitioner is registered owner of Tata Tigor Car bearing registration No. MP07-TA2281, which was found involved in the commission of offence punishable under Sec. 8/20 of the NDPS Act. He filed an application under Sec. 457 Cr.P.C. for interim custody of the aforesaid vehicle before learned Judicial Magistrate First Class, Morena which was rejected on 4/6/2021 against which he filed a revision before the 7th Additional Sessions Judge, which was also dismissed 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.) Shri Amit Lahoti, learned counsel for the petitioner submits that though the vehicle seized is liable to be confiscated under Sec. 60 of the NDPS Act, yet, by virtue of Sec. 36-C 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 Cr.P.C. would be applicable as none of the provisions of the NDPS Act are inconsistent with the provisions of the Cr.P.C. and therefore, in a deserving case, the right of interim custody provided under Sec. 451 or 457(1) of the Cr.P.C. 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 Vs.State of Gujarat (2002 (10) SCC 283).