Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act) – Sections 8(c), 20(b)(ii)(B), 25, 29(1), 60, 63; Code of Criminal Procedure (CrPC) – Sections 451, 457; Bharatiya Nagarik Suraksha Sanhita [BNSS] – Sections 497, 503 – This case involves an appeal against the Madras High Court’s decision to reject the interim custody of the appellant’s lorry, seized after Ganja was found in it, leading to an FIR under the NDPS Act. The Special Court also dismissed the application, citing Section 63 of the NDPS Act regarding confiscation.
The High Court upheld the decision, stating that the Drug Disposal Committee, under the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022, holds the authority over the disposal, including interim release, of seized conveyances.
The Supreme Court addressed whether the Rules of 2022 supersede the Special Court’s jurisdiction under the CrPC/BNSS to grant interim custody.