On January 23, 2025, the Orissa High Court delivered a significant judgment concerning the interim release of vehicles seized under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Division Bench, comprising Chief Justice Chakradhari Sharan Singh (now retired) and Justice Savitri Ratho, held that there is no explicit prohibition within the NDPS Act against the interim return of vehicles seized for transporting narcotic drugs or psychotropic substances. This ruling provides clarity on the applicability of the Code of Criminal Procedure (CrPC) provisions in such matters.
Background of the Case
The judgment arose from a series of criminal revision petitions challenging trial court orders that had denied applications filed under Section 457 of the CrPC for the release of vehicles seized in connection with NDPS Act violations. A Single Bench, led by Justice S.K. Sahoo, had previously observed inconsistencies in decisions regarding the legality of interim releases of such vehicles. Consequently, the matter was referred to a Division Bench to resolve the following question:
"Whether the provision under section 457 of Cr.P.C. will have no application in a case of release of the vehicle seized under the N.D.P.S. Act during investigation or trial of the case?"
Contentions of the Parties
The Amicus Curiae, Devashis Panda, and Advocate Anupam Dash argued that the NDPS Act does not explicitly bar the application of Sections 451 and 457 of the CrPC concerning the interim release of seized vehicles. They emphasized that, in the absence of a specific prohibition, the general provisions of the CrPC should be applicable. Conversely, the State contended that while the NDPS Act does not expressly forbid interim release, it lacks an enabling provision for such action. The State further argued that permitting interim release could undermine the Act's objectives, as vehicles might be reused for similar offenses, and the potential for confiscation upon conviction would be rendered ineffective.
Court's Analysis and Findings
The Division Bench examined the relevant provisions of the NDPS Act and the CrPC. Section 51 of the NDPS Act stipulates that the provisions of the CrPC shall apply to warrants, arrests, searches, and seizures under the Act, insofar as they are not inconsistent with the Act's provisions. The court noted that the NDPS Act does not contain any specific provision barring the interim release of seized vehicles. Therefore, in the absence of such a prohibition, the general powers under Sections 451 and 457 of the CrPC can be invoked for the interim release of vehicles pending the final outcome of the criminal case. The court emphasized that this discretionary power must be exercised judiciously, considering the facts and circumstances of each case.
Implications of the Judgment
This ruling aligns with the Supreme Court's stance, which has clarified that the NDPS Act does not prohibit the interim release of vehicles seized for allegedly transporting contraband. The Supreme Court has held that such vehicles can be released under Sections 451 and 457 of the CrPC, provided the owner demonstrates lack of knowledge or connivance in the illicit use of the vehicle.
The Orissa High Court's decision reinforces the principle that, in the absence of explicit restrictions within special legislation like the NDPS Act, the general procedural laws embodied in the CrPC remain applicable. This ensures that property owners are not unduly deprived of their possessions during prolonged legal proceedings, provided adequate safeguards are in place to prevent misuse.
Conclusion
The Orissa High Court's clarification on the interim release of vehicles seized under the NDPS Act serves as a significant precedent, balancing the rights of property owners with the objectives of narcotics control. By allowing the application of CrPC provisions in the interim release of vehicles, the court has provided a legal pathway for owners to reclaim their property during the pendency of criminal trials, subject to appropriate conditions that safeguard against potential misuse.
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