Legal provisions involved: Sections 451 & 457 CrPC and Sections 8(c), 20(b)(ii)(B), 25, 29(1), and 63 of NDPS Act, 1985 

Judgment by: The Supreme Court 

Judge: Justice Vikram Nath and Justice Sandeep Mehta 

Facts

The Appellant owned a lorry that was legally hired to carry iron sheets. During transit, the police stopped the vehicle and found 6 kg of Ganja. 1.5 kg under the driver’s seat and 4.5 kg with the passengers. The owner of the lorry was not involved in the crime. He applied to get temporary custody of his vehicle under Section 451 of the CrPC (BNSS 2023, Section 497), but the Special Court rejected his request. He then approached the High Court, which also turned down his application.

Key legal provisions

• Sections 451 & 457 CrPC (now replaced by 497 and 503 of BNSS, 2023)
• Sections 8(c), 20(b)(ii)(B), 25, 29(1), and 63 of NDPS Act, 1985 

Issues raised

Whether Special Courts allow the temporary release of a vehicle used in a drug-related crime, even though the 2022 Rules have their own process for handling such vehicles?

Arguments of the case

The vehicle owner argued he was unaware of drugs, exercised due diligence, and is entitled to interim release. The respondent stated that the vehicle is liable for confiscation under NDPS Act; interim release not permissible.

Reasoning 

The Apex Court noted that “A bare perusal of the rules, particularly the provisions pertaining to disposal of conveyances would make it clear that they are only supplemental to the scheme of disposal contemplated under the NDPS Act. The Rules being subordinate legislation, cannot supersede the provisions of the parent legislation, i.e., the NDPS Act.”

Judgement

The Apex Court held that Special Courts can grant interim custody of vehicles, and the 2022 Rules cannot override this. Interim custody must be fair and protect innocent owners. The court set aside lower court orders and directed release of the vehicle on suitable terms.

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