Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Section 52A and 63;
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Section 497 – This judgment addresses a batch of Criminal Revisions filed against orders dismissing petitions for interim custody of vehicles and cell phones seized in cases registered under the NDPS Act. Some petitioners are accused, while others are relatives, friends, or third-party owners of the seized items.
The court considered the interplay between the Code of Criminal Procedure (Cr.P.C.)/Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the NDPS Act, and the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. It emphasized the importance of Section 52A of the NDPS Act and the 2022 Rules, which mandate the swift disposal of seized properties, including conveyances, by the Drug Disposal Committee.