Kerala High Court: While deciding a petition, the bench of A. Badharudeen, J., held that conveyance used in carrying any narcotic drugs or psychotropic substances alone is subject matter of confiscation under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying the contraband.
Backgroud
In the present case, the accused was transporting contraband in the vehicle and the petitioner was piloting the said vehicle by another vehicle. The contraband and vehicle carrying the contraband were seized by the police. Thereafter, the petitioner was also arrested, and his vehicle was taken into custody. The petitioner moved an application before the Drugs Disposal Committee, claiming that the vehicle was not involved in the crime. The Drugs Disposal Committee rejected the said contention. It is in this context, the petitioner has approached this Court.
The question before the Court is whether vehicle piloting or accompanying another vehicle, which is transporting Narcotic Drug and Psychotropic Substances to be held as vehicle used as conveyance in carrying the contraband to confiscate the same under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”)?
The Public Prosecutor contended that when a vehicle has been seized while piloting a vehicle, where contraband was carrying, the same is akin to conveying the contraband and therefore the said vehicle also would come within the purview of Section 60(3) of the NDPS Act and the same is a subject matter of confiscation under Section 52-A of the NDPS Act.
The Court referred to Section 60(3) of the NDPS Act and noted that the words used in Section 60(3) is any animal or conveyance used in carrying any narcotic drug or psychotropic substances. These wordings are further interpreted in Thausif Ahammed Bengre v. State of Kerala, 2018 SCC OnLine Ker 3905 and Smart Logistics Kozhikode v. State of Kerala, 2020 SCC OnLine Ker 3760, wherein it was held that, in order to confiscate a vehicle as conveyance used for carrying narcotic drugs and psychotropic substances, it must be a vehicle or conveyance used for carrying or transporting Ganja.
The Court further said that when the statute says an animal or conveyance used in carrying any narcotic drugs or psychotropic substances alone is subject matter of confiscation, the horizon of the legislative intent cannot be extended to a wider magnitude to hold that the vehicle piloting or accompanying another vehicle, which carried the contraband also as one carrying the contraband.
Therefore, the Court concluded that the vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying the contraband and the said vehicle is not a subject matter of confiscation under Section 52-A of the NDPS Act.
Hence, the Court allowed the petition and ordered the vehicle of the petitioner to be released.
[Firozalavi T.V. v. State of Kerala, 2023 SCC OnLine Ker 436, decided on 19-01-2023]
Advocates who appeared in this case:
Counsel for Petitioner:- Advocate R. Rohith, Advocate Harishma P. Thampi;
Counsel for Respondent:- Sr. PP Renjit George.
