Law: Control of Narcotic Substances Act, 1997

Section: 9, 33, 48 & 74

Control of Narcotic Substances Act (XXV of 1997)---

----Ss. 9, 33, 48 & 74---Criminal Procedure Code (V of 1898), S.516A---Recovery of narcotic substance---Possession of vehicle---Bank, claim of--- Appellant bank sought recovery of possession of vehicle in question which was seized by authorities as case property---Validity---Appellant bank was legal title holder of vehicle in question pursuant to provisions of Musharakah Agreement or loan agreement---Purpose of repossession by bank was not to put the vehicle to ordinary use but to sell the vehicle to recover funds involved in purchase of the vehicle and/or that were due and payable by the person who had leased / rented the vehicle from the bank---Such purpose could not be achieved during pendency of trial as vehicle could not be disposed of when it was released on Superdari---Provisions of Ss.33 & 74 of Control of Narcotic Substances Act, 1997, when read together with S.516A, Cr.P.C., did not contemplate release of a vehicle on Superdari during pendency of trial to enable a financial institution to effect recovery of funds through the sale of such vehicle--- Trial Court rightly denied release of vehicle on Superdari to appellant-bank as the vehicle was yet to be exhibited as case property in a pending trial---Appeal was dismissed, in circumstances.