Code of Criminal Procedure, 1973–Secs. 451/457 [ Corresponding Sec. 497/503 of BNSS, 2023 ]–Narcotic Drugs & Psychotropic Substances Act, 1985–While dealing with the issue of release of vehicle, High Court observed that pursuant to introduction of the Rules of 2022, the Drug Disposal Committee alone has the authority and jurisdiction to adjudicate upon the disposal of the property which included seized drugs as well as conveyance–Whether proper ?–Held, no–The Rules being subordinate legislation cannot supersede the provisions of the Act–The Special Court is duty bound to hear such claims before deciding the fate of the seized vehicle includig the confession–The interpretation to this effect would defeat the very purpose behind Sec. 60(3) of the Act r/w. Sec. 451 & 457 of Cr.P.C.–The Rules of 2022 cannot be interpreted as divesting the Special Courts of their jurisdiction to entertain an application for interim custody or release of a seized conveyance u/ss. 451 & 457 of Cr.P.C.–Directed for grant of interim custody.
