- Case
- BISHWAJIT DEY v. THE STATE OF ASSAM (Supreme Court of India, 07-01-2025)
- Law
- Narcotic Drugs and Psychotropic Substances Act, Code of Criminal Procedure, Indian Penal Code.
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act): The judgment extensively discusses the NDPS Act, particularly concerning the interim release of seized vehicles. Section 21(b) is mentioned in the context of the chargesheet filed against the accused. Section 36C is cited regarding the applicability of the Code of Criminal Procedure to proceedings before a Special Court under the NDPS Act. Section 51 is discussed regarding the application of the Code of Criminal Procedure to warrants, arrests, searches, and seizures under the NDPS Act, emphasizing that CrPC applies insofar as it's consistent with the NDPS Act. Section 52A(1) is cited regarding the Central Government's power to specify the disposal of seized narcotic drugs, psychotropic substances, controlled substances, or conveyances. Section 60 is discussed regarding the liability of illicit drugs, substances, plants, articles, and conveyances to confiscation, including the conditions under which a conveyance can be confiscated. The second proviso to Section 63 is mentioned regarding the disposal of articles liable to speedy and natural decay. The judgment analyzes whether the NDPS Act contains a specific bar against the interim release of seized vehicles, concluding that there is no such explicit bar. The court also refers to Section 37 of the NDPS Act, which provides that bail can only be granted where there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.
Code of Criminal Procedure, 1973 (Cr.P.C.): The judgment discusses Sections 451 and 457 Cr.P.C. concerning the custody and disposal of property pending trial and the procedure by police upon seizure of property, respectively. The appellant's counsel relied on these sections to seek the release of the seized vehicle. The court examines whether these sections can be invoked in light of the provisions of the NDPS Act. Section 173 Cr.P.C. is mentioned in the context of the Final Form Report. The judgment notes that Section 51 of the NDPS Act allows for the application of the Cr.P.C. to the extent it is not inconsistent with the NDPS Act. The court ultimately concludes that, in the absence of a specific bar in the NDPS Act, Sections 451 and 457 Cr.P.C. can be invoked for the return of the seized vehicle pending the final decision of the criminal case.
Indian Penal Code, 1860: Section 182/211 I.P.C /217/248 B.N.S is mentioned regarding action taken if the F.R. is false.
