Allowing interim custody of vehicles seized under NDPS Act valid: HC

The High Court of Karnataka has ruled that Magistrate courts and the Special Courts hearing cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act have powers to give interim custody of vehicles seized under the Act to its owners.

The Union government under Section 52(A) of the Act issued a notification on January 16, 2015, which provided provision for narcotic substances and vehicles in which they are transported, seized under the Act to be disposed off.

The Supreme Court had also given direction on how narcotic substances and vehicles seized under the Act are to be permanently destroyed.

Based on these, a drugs disposal committee was formed under an officer of the rank of deputy commissioner.

The State had contended that under these circumstances, interim custody of vehicles seized under the Act cannot be given. This was challenged by persons whose vehicle were seized in NDPS cases.

The issue was heard by the division bench of Justice B Veerappa and Justice S Rachaiah.

The HC ruled that the Magistrate and NDPS special courts have the power to release the vehicles to their owners on interim custody while the cases are pending.

Senior counsel Sandesh Chouta and advocate Sunil Kumar appeared for the petitioners while the Narcotics Control Bureau (NCB) was represented by advocate Madhukar Deshpande.