The Supreme Court of India.
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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.
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.
Acting on an appeal filed Denash, the court SC set aside Madras HC'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 with the arrest of four persons with six kgs of ganja, after noting that the overall circumstances clearly indicated his bonafides and absence of any involvement in the drugs being carried in the vehicle.
"It does not stand to reason that the appellant, (not charge sheets) 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.
In its judgment, 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.
It also pointed out a conjoint and holistic reading of Sections 60(3) and 63, 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 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, the court said.