NARCOTICS CONTROL BUREAU Vs. BHANWAR LAL

JUDGEMENT

(1.) Learned Senior Counsel Mr. Dhirendra Singh assisted by Mr. Ram Niwas Vishnoi appearing on behalf of the respondent submits that fate of the seized vehicle in NDPS law shall depend upon the merits of the case and once a vehicle has been released by the learned trial court as per procedure of Cr.P.C. then the restoration of the custody to the Narcotics Control Bureau cannot be permitted. Learned Senior Counsel further submits that a valid and lawful procedure of Cr.P.C. has been adopted and thereafter, the vehicle was to be released to the respondent and thus, any challenge to the same is contrary to the law. Learned Senior Counsel also submits that the fate of the vehicle has to be decided while keeping in purview Sec. 60, 61, 62 & 63 of NDPS Act.

(2.) Learned counsel for the petitioner Mr. M.R. Pareek however, submits that the Sec. 51 of the NDPS Act clearly prohibits operation of Cr.P.C., particularly, when it is inconsistent with the provision of this act. The Sec. 51 of NDPS Act reads as follows :-

(3.) Learned counsel for the petitioner further submits that Sec. 52 is an interim measure for disposal of the seized narcotic drug of substance and other associated seized articles including the vehicle conveyance and can be exercised without going into the merits of the case.