SUBASH CHANDRA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The short point that arises in this revision is as to whether the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act' for short has power to release the vehicle seized by the police on the allegation of transporting "Ganja" weighing 14 Kg. 30 grams in the interim zima of the' petitioner, who is admittedly the registered owner of the vehicle_ in question especially in view of the provisions for confiscation of such vehicle under Section 60(3) of the Act.

(2.) Chapter 34 of the Code of Criminal Procedure (hereinafter referred to as The Code' for short) deals with disposal of properties by creating a trichotomy in the sense that competent criminal Court has been empowered to deal with the question at different stages and provisions to that effect have been enacted in Section 451, Section 452 and Section 457 of the Code. Section 451 of the Code deals with interim custody of the seized property and the question of disposal such property arises where the property has been seized and/or otherwise produced before the Court. Applicability of Section 457 of the Code arises where the property has been seized by the police, but not produced before the Court. Section 452 of the Code takes care of disposal of property after enquiry or trial in any criminal Court is concluded. There is however, no provision for interim custody of the seized properties the N.D.P.S. Act. In that view of the matter, it is to be seen whether the provisions in Section 60(3) of the Act for confiscation of conveyance etc, involved in transportation of contraband articles bar or exclude operation of Sections 451 and 457 of the Code.

(3.) Sub-section (3) of Section 60 of the Act provides for confiscation of animal or conveyance etc. Said provision reads thus: