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As per case facts, a lorry owner, who was not charged with an offence, sought the interim release of his transport vehicle, which was seized after its driver and cleaners
...were found to be carrying a quantity of Ganja concealed on their persons alongside a large, valuable commercial consignment. The Special Court and the High Court rejected his request, holding that the vehicle was liable to confiscation under the NDPS Act and that jurisdiction for its disposal now rested exclusively with the Drug Disposal Committee under the Rules of 2022. The question arose whether the Rules of 2022 divest the Special Court of its jurisdiction under the Criminal Procedure Code to grant interim custody of a seized conveyance to a bona fide owner who is not charged with an offence, and if the vehicle is nonetheless liable to confiscation. Finally, the Court allowed the appeal, holding that the Rules of 2022 do not supersede the Special Court's power to grant interim custody under the Criminal Procedure Code, as they are a supplemental procedure for disposal only; any other interpretation would lead to unjust deprivation of property for an innocent owner, and considering the owner's apparent bona fides and the implausibility of risking a valuable commercial asset for a relatively small quantity of contraband, the vehicle was ordered to be released on interim custody.
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