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Judgment
P.Somarajan
Aggrieved by the rejection of an application under Section 451 Cr.P.C. seeking interim custody of the vehicle alleged to have been involved in an
NDPS crime alleging transportation of 2.200 grams of MDMA, the registered owner of the vehicle came up, inter alia contending that the vehicle was
as such not used for carrying or transporting the alleged contraband and Section 52 A of the NDPS Act has no application. Rejection of application
under Section 451 Cr.P.C. hence not sustainable, it was argued.
Even going by the contentions raised by the petitioner, it is a disputed fact whether the vehicle was actually used for transporting or used as a
conveyance of the alleged contraband and it has to be decided not under Section 451 Cr.P.C., especially when there is a provision in the Special
Enactment 52 A.
Without prejudice to the right of parties to take up the issue with the competent authority under the provisions of NDPS Act, the present Crl.M.C. is
dismissed.