from the provisions of Sections 60 to 63 of the N.D.P.S. Act, the Court shall decide the confiscation or the release of the properties either in case of acquittal or in case of conviction. But, at the same time, the order of the Court should be specific. Evidently, in this case, except passing an order that unmarked case property shall be destroyed, there is no specific order with regard to the property i.e., six vehicles, which were already released in favour of the appellant herein by virtue of the orders of this Court. 5. Therefore, the lower Court shall pass necessary order keeping in view the provisions of the N.D.P.S. Act, with regard to six vehicles, which were already released in favour of the appellant herein. So far as the other property is concerned, there is no need to interfere with the order of the lower Court with regard to destruction.

THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL APPEAL No.69 OF 2012 JUDGMENT:- The appeal is filed by the 2nd accused questioning the judgment of the I Additional Sessions Judge, Medak at Sangareddy in NDPS Sessions Case No.44 of 2011, where-under after acquitting the accused some of the properties were ordered to be destroyed. 2. According to the claim of the appellant, the excise police have seized six vehicles apart from toddy in several watts. So far as the release of those vehicles is concerned, by virtue of the interim orders passed by this Court in Writ Petition No.29073 of 2009, dated 31.12.2009 and also 02.02.2010, six vehicles were ordered to be released in favour of the petitioner therein, who is appellant herein, on furnishing security to a tune of Rs.5,00,000/-. 3. According to the learned counsel for the appellant, the lower Court having acquitted the accused has not passed any specific order with regard to the six vehicles. It was also contended that having acquitted the accused, the order of destruction of the other property, which are wooden watts and plastic watts is not proper. 4. As can be seen from the provisions of Sections 60 to 63 of the N.D.P.S. Act, the Court shall decide the confiscation or the release of the properties either in case of acquittal or in case of conviction. But, at the same time, the order of the Court should be specific. Evidently, in this case, except passing an order that unmarked case property shall be destroyed, there is no specific order with regard to the property i.e., six vehicles, which were already released in favour of the appellant herein by virtue of the orders of this Court. 5. Therefore, the lower Court shall pass necessary order keeping in view the provisions of the N.D.P.S. Act, with regard to six vehicles, which were already released in favour of the appellant herein. So far as the other property is concerned, there is no need to interfere with the order of the lower Court with regard to destruction. Accordingly, the Criminal Appeal is allowed at the stage of admission. ___________________________ JUSTICE N.R.L. NAGESWARA RAO Date: 18-01-2012 INL