NEW DELHI: The Supreme Court on Monday held that the Special Court cannot be divested of its power to pass interim order for release of vehicles seized for their alleged use in carrying drugs, notwithstanding 2022 rules issued under the NDPS Act.
A bench of Justices Vikram Nath and Sandeep Mehta said the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 cannot be interpreted as divesting the Special Courts of their jurisdiction to entertain such an application.
"The authority of the Special Court to pass appropriate orders for interim custody during the pendency of the trial, as well as to make final determination upon its conclusion, continues to operate independently of the disposal mechanism envisaged under the said Rules," the bench said.
The court allowed an appeal filed Denash against the Madras High Court's judgment which had held, pursuant to the promulgation of the Rules of 2022, all other forums, including the Special Court, are divested of the jurisdiction to decide the fate of a seized conveyance under the NDPS Act and that the aggrieved person must necessarily approach the Drug Disposal Committee.
The bench granted interim custody of the lorry, seized after the arrest of four persons, including the driver and khalasi with six kgs of ganja.
The court noted that the overall circumstances clearly indicated the owner's bonafides and absence of any involvement in the drugs being carried in the vehicle.
"It does not stand to reason that the appellant, being the owner thereof, would knowingly jeopardize his business and property by permitting the transportation of 6 kilograms of Ganja alongside such valuable cargo," the bench said. The court also pointed out the appellant was not charge sheeted in the criminal case.
The court held the rules framed under a statute are intended to carry out the purposes of the Act and cannot travel beyond or be inconsistent with the parent legislation.
Referring to Sections 60(3) and 63 of the NDPS Act, the court said, those made it abundantly clear that the power to determine whether or not a seized conveyance is liable to confiscation vests in the Special Court constituted under the NDPS Act and not in any administrative or executive authority such as the Drug Disposal Committee.
The court also emphasised the statute stipulates that where an owner proves absence of knowledge or connivance, the Special Court is duty bound to hear such claim before deciding the fate of the seized vehicle including confiscation.
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