Criminal Procedure Code, 1973 (CrPC) – Section 451, Section 451 A, Section 452, Section 457 – Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), Section 21 – Vehicle used for transporting the narcotic drugs and psychotropic substances can also be released on sapurdari invoking the provision under Section 451 Cr.P.C. – There is no provision under the NDPS Act debarring the release of the vehicle for interim custody – The provision under Section 451 Cr.P.C. which is found not inconsistent with the provisions of the NDPS Act is applicable to the vehicle seized under the NDPS Act as well – No differential treatment to the vehicle seized under the NDPS Act is contemplated either under the provisions of the NDPS Act or under the ratio laid down by the Court of law – The law laid down by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai's case will apply to the vehicles seized under the NDPS Act as well – Any contrary view taken by the Courts of law would be against the interest of the owner of the vehicles, the public at large and the State.
Rajesh Kumar v. State of Haryana, 2007 (2) RCR (Criminal) 561, Iqbal Singh v. State of Punjab, 2013(2) RCR (Criminal) 612 and Raghbir Singh alias Beera v. State of Punjab, 2006(4) RCR (Criminal) 343, reflect the correct proposition of law.
Kirandeep v. State of Punjab , CRR No.3231 of 2014 on 12.12.2014 based on the decision in Dinesh Kumar Verma's case (Union of India Vs. Dinesh Kumar Verma, (2005) 9 SCC 330) does not reflect the correct proposition of law.
