NIDHI YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed against the order dated 11.11.2014 whereby application filed by the petitioner for custody of the vehicle was dismissed. It is submitted that petitioner is not an accused in the case registered under the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act'), however, her vehicle has been withheld for last more than 9 months. I find that the application was dismissed in view of the amendment in section 52 A of NDPS Act. The release order can be passed after preparation of inventory and as per the procedure given under section 52A of the Act. Learned counsel appearing for the Union of India submits that procedure as required under section 52A of the Act would be completed within a period of one month. In view of above, I do not find any illegality in the impugned order because after the amendment in section 52A of the Act, custody of the vehicle can be given in the manner prescribed therein. The procedure aforesaid has to be carried out by the Union of India. Without interfering in the impugned order, this petition is disposed of with the direction to the respondent- UOI to complete the process under section 52A of the Act within shortest possible time, if possible, within a period of one month from today.