Drug Disposal Rules Do Not Oust Special Court: Supreme Court Releases Truck Owner's Lorry Seized in NDPS Case

The appellant's lorry, hired to carry 29,400 MT of iron sheets from Chhattisgarh to Ranipet, was searched by Neyveli Township police on 14.07.2024; 6 kg of ganja was recovered from below the driver's seat and from three others travelling in it, and all four were charged under the NDPS Act, but not the owner (para 4). The Special Court refused interim release because the vehicle was liable to confiscation under Section 63 (para 6), and the Madras High Court held that after the Rules of 2022 only the Drug Disposal Committee could deal with seized conveyances (para 8).

The Rules of 2022 are subordinate legislation, supplemental to the NDPS Act's disposal scheme, and cannot override it (para 13). Disposal under them is initiated only by the police after the chemical analysis report, and Rule 22's power over conveyances is directory, not mandatory (paras 14-16). The Rules are silent on owners' rights, whereas Section 60(3) protects an owner who proves the vehicle was used without his knowledge or connivance, and Section 63 vests confiscation in the Special Court after hearing the claimant (paras 17-22). Following Tarun Kumar Majhi and Bishwajit Dey, confiscation is decided only at the end of trial, and courts may grant interim release meanwhile (paras 25-27). Sections 36-C and 51 apply the CrPC/BNSS to Special Courts, so their power to order interim custody under Sections 451 and 457 CrPC survives, and the High Court's contrary view was unsustainable (paras 28-30). Here the owner had valid documents, was never charged, and would not risk a valuable vehicle and cargo for 6 kg of ganja, so a pragmatic approach warranted release (paras 31-35).