Bharatiya Nagarik Suraksha Sanhita, 2023
Section 497—Interim release of seized vehicle on supurdagi pending conclusion of trial—Special Court dismissed the application of appellant on ground that vehicle seized under the provisions of the NDPS Act was not amenable to release on interim custody by invoking the provisions under Sections 497 and 498 of BNSS, as the same was liable to confiscation under Section 63 of the NDPS Act—Opinion of High Court that since the NDPS (Seizure, Storage, Sampling and Disposal) Rules of 2022 vested exclusive jurisdiction with the Drug Disposal Committee, the aggrieved person must necessarily approach the Drug Disposal Committee for the release of seized conveyance—Unsustainable—Rules framed under a Statute are intended to carry out the purposes of the Act and cannot travel beyond or be inconsistent with the parent legislation—Power to determine whether or not a seized conveyance is liable to confiscation vests in the Special Court constituted under the NDPS Act and not in any administrative or executive authority such as the Drug Disposal Committee—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 under Sections 497 and 503 of the BNSS—There is no prohibition to release a conveyance to its owner, on interim custody, if the owner has no culpability in the crime—Interim custody of vehicle granted to appellant—Appeal allowed.
[Paras 21, 26 to 30]