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2017 (6) TMI 923 - HC - Indian LawsConfiscated/disposed/destroyed under Section 52A of NDPS Act or under Section 63(2) of NDPS Act - Held that:- For the purpose of the instant petition the proper procedure for confiscation and disposal of the case property could be done under Section 52A of NDPS Act and not under Section 63(2) of NDPS Act as the instant facts of the petition is not that of the unclaimed articles (narcotic drug, psychotropic substance or controlled substance) seized from a public place as claimed by the respondent/NCB. In the instant petition since the seized articles belonged to the aforementioned persons therefore, the lower Court was right in adopting the procedure for disposal of the case property under Section 52A of NDPS Act instead of under Section 63(2) of NDPS Act directly. In the present petition out of the nine parcels/packets seized, one parcel/packet does not discloses the person who booked it. Since all the nine parcels/packets were seized jointly from the same spot/place the possibility of the said parcel/packet being booked by one of the above-mentioned person cannot be ruled out therefore, the same could be kept jointly. There is one provision in NDPS Act for disposal of the seized narcotic drugs and psychotropic substance, i.e. under Section 52A of NDPS Act, is set aside to that extent only in presence of Section 63(2) of NDPS Act. However for the purposes of the instant petition confiscation and disposal of the case property is rightly done under Section 52A of NDPS Act resulting into dismissal of the present petition.
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