SANJEEV PRAKASH SHARMA,J. - (1.) The applicant has moved this misc. application seeking modification/recalling of order dated 12.01.2021 passed by the Court directing for release of the vehicle seized as a cash property.
(2.) Notices were issued in this case, whereafter the counsel for the non-applicant has put in appearance and pointed out that in spite of order passed by the court, vehicle has not been released. It is also informed that the confiscation proceedings have not been concluded nor they have been initiated as the same are to be initiated in terms of Section 63 of the NDPS Act, 1985 which provides as under:- "63. Procedure in making confiscations.- (1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly. (2) Where any article or thing seized under this Act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim: Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance [controlled substance], the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale."
(3.) Learned counsel appearing for the applicant-Narcotics Department submits that a circular has been issued for disposal of narcotics drugs, psychotropic substances, controlled substances of and conveyances on 16th January, 2015 and therefore, in terms of circular, the Supreme Court in Criminal Appeal No.652/2012 : Union of India Vs. Mohan Lals directed for disposal of NDPS Substances before the Drug Disposal Committee as this Court finds that the directions issued by the Supreme Court are as under:- (1) No sooner the seizure of any narcotic Drugs and Psychotropic and controlled Substances and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered under Section 53 of the Act. The officer concerned shall then approach the Magistrate with an application under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required under sub-section 3 of Section 52A, as discussed by us in the body of this judgment under the heading 'seizure and sampling'. The sampling shall be done under the supervision of the Magistrate as discussed in paras 13 and 14 of this order. (2) The Central Government and its agencies and so also the State Governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and controlled Substances and Conveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the seized drugs. The Central Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs. (3) The Central Government and the State Governments shall be free to set up a storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one districts. ;