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Section 63: Procedure in making confiscations

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

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Act 1985
Section 62 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 64

Legal Commentary & Landmark Judgments: Section 63

Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 establishes the definitive judicial procedure governing the confiscation of articles, packages, conveyances, and goods seized under the Act. It provides that where a trial takes place, the Special Court or Magistrate decides confiscation at the conclusion of the trial. Where no trial takes place because the offender is unknown or cannot be found, the court conducts an independent statutory inquiry, mandating a thirty-day notice period for claimants to appear and show cause before confiscation can be decreed. Section 63 enshrines the principle of natural justice, ensuring that property rights are not extinguished without judicial adjudication.

  • Adjudication at Conclusion of Trial: Under Section 63(1), in the trial of offences under the Act, whether the accused is convicted or acquitted, the court shall decide whether any article or thing seized under this Act is liable to confiscation under Section 60, 61, or 62, and if it decides that it is so liable, the court may order confiscation accordingly. Even upon an acquittal of the accused on technical grounds, contraband narcotics themselves remain liable to confiscation as res extra commercium.
  • Inquiry Procedure Where Offender is Unknown or Absconding: Under Section 63(2), where any article or thing liable to confiscation is seized and the offender is not known or cannot be found, the court conducts an inquiry. Crucially, the proviso to Section 63(2) mandates that no order of confiscation of an article or thing shall be made until the expiration of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim.
  • Bona Fide Third-Party Property Rights and Natural Justice: Section 63 acts as a judicial shield for third-party owners of vehicles, conveyances, or cargo. Where a vehicle was used by a driver or hirer for transporting contraband without the knowledge or connivance of the registered owner (Section 60(3)), the court must grant the owner a full opportunity under Section 63 to establish absence of connivance and due diligence before ordering confiscation.
Key Landmark Precedents:
  • Ganga Hire Purchase Pvt. Ltd. v. State of Punjab (1999) 5 SCC 670: The Supreme Court held that under Section 60(3) read with Section 63, a vehicle cannot be confiscated if the owner proves that it was used without his knowledge or connivance and that he took all reasonable precautions; the owner is entitled to a full hearing and opportunity to adduce evidence before confiscation.
  • State of West Bengal v. Babu Chakraborty (2004) 12 SCC 30: The Supreme Court affirmed that confiscation under Section 63 is a judicial order and cannot be made arbitrarily; the court must record specific findings regarding whether the property falls within the confiscation categories of Sections 60, 61, or 62.
  • Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283: The Supreme Court established principles for interim release of seized vehicles pending trial under Section 451 CrPC; applied to NDPS conveyances where owner is an innocent third party not arrayed as an accused.
Courtroom Practice & Strategic Litigation Guidance:

For vehicle owners whose cars/trucks were intercepted with drugs while driven by third parties or commercial hirers: Immediately file an application for interim custody (superdari) under Section 451/457 CrPC (Sections 503/509 BNSS) read with Section 63 NDPS Act. Present original registration certificates, GPS tracking logs, commercial lease/hire agreements showing strict contractual prohibition of illegal transport, and affidavits proving lack of knowledge or connivance under Section 60(3). Oppose premature confiscation before trial conclusion, citing Sunderbhai Ambalal Desai.

Section 62 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 64