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Bishwajit Dey vs. State of Assam (SC)

52.00 5.20

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Code of Criminal Procedure, 1973–Sec.451 [Corresponding Sec. 497 of BNSS, 2023]–Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 51–There is no specific bar/restriction under the provisions of the NDPS Act for the return of any seized vehicle used for transporting narcotic drug or psychotropic substance in the interim pending disposal of the criminal case–In view of Sec. 51 of NDPS Act, the Court can invoke the general powers u/ss. 451 & 457 of the Cr.P.C. for return of the seized vehicle pending final decision of the criminal case–The Trial Court has the discretion to release the vehicle in the interim–However, this power would have to be exercised in accordance with law in the facts and circumstances of each case.