NDPS-Courts Have Power To Release Vehicle For Interim Custody Till Disposal Of Main Case: Karnataka HC

The Court noted that the fresh notification issued by the Central Government on December 23, 2022, though repealed the earlier notification but there is no clarification for release of the vehicle for interim custody.

The Court was hearing a Petition filed by the RC holder of the vehicle under Section 482 of Cr.P.C. to set aside the order and allow the application under Section 457 of Cr.P.C. as well as to release the vehicle, which was seized by the Excise Range Office for offences punishable under Sections 15(c), 18(c), 20(b)(ii)(B), 25, 61, 8(b), 8(c) of NDPS Act.

The bench of Justice K Natarajan observed, “The Court always has the power for release of the vehicle for interim custody, till disposal of the main case.”

Advocate Rajesh Doddamani appeared for the Appellant and GP Jamadar Shahabuddin appeared for the Respondent.

Brief Facts-

The Petitioner, owner of a goods container vehicle, was transporting garments from Ludhiana, Punjab, to Tripura and Coimbatore, Tamil Nadu. The vehicle was intercepted by an Excise Inspector who found 10 plastic bags containing opium and ganja under the driver's seat. The driver was arrested, and the vehicle and drugs were seized. After the driver was released on bail, the petitioner applied to the Special Court under Section 457 of Cr.P.C. for interim custody of the vehicle, but the application was rejected. Hence, the petitioner is seeking relief from the High Court.

The Court said that the division bench of the Karnataka High Court answered the question of whether the Courts have the power to release the vehicle in Crl.RP.No.623/2020 where it was held that the Court has the power to release the properties as per the notification issued by the Central Government on January 16, 2015, and there is no second opinion about the power of the Court.

The Court perused a notification issued on January 16, 2015, which showed that there are no rules framed for release of the vehicle for interim custody.

“The Central Government has issued new notification only for further clarification. But, there is no clarification in respect of the release of the vehicle for interim custody.”, the Court remarked.

The Court therefore said that the judgment of the Division Bench of the Court in the aforesaid case continues to apply, even to the present notification.

Accordingly, the Court said that the Trial Court has committed an error in dismissing the application holding that it has no power.

Finally, the Court set aside the order and allowed the Writ Petition.

Cause Title: Kawal Jeet Kaur v. State of Karnataka (Neutral Citation: 2024:KHC-K:5691)

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