Where it is not practicable to seize any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer.
Simplified Explanation
Section 45 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides an alternative procedure for situations where seizing goods that are liable to confiscation under the Act is not practicable. This could apply to cases where the goods are difficult to physically seize, such as standing crops (e.g., crops of opium poppy or cannabis), which cannot be easily removed or taken into possession immediately.
Key Points of Section 45
- When Seizure Is Not Practicable:
- The section applies when it is not possible to seize goods that are liable for confiscation under the NDPS Act. For example, standing crops (like opium poppies or cannabis plants) may be too large or dispersed for immediate seizure, or the seizure might not be feasible due to logistical reasons.
- Order to Prevent Removal or Dealing with Goods:
- In such situations, the officer authorized under Section 42 can issue an order to the owner or person in possession of the goods.
- The order will instruct them not to remove, part with, or deal with the goods in any way, unless they have obtained prior permission from the officer. This ensures that the goods are not disposed of, hidden, or altered before they can be seized.
- Purpose of the Order:
- The order serves as a preventive measure to maintain control over goods that are involved in the commission of an offense under the Act, even when immediate physical seizure is not possible.
- It helps to prevent tampering, disposal, or concealment of the goods while the legal process of confiscation is underway.
Why Section 45 is Important:
- Preservation of Evidence: The provision ensures that goods that are liable to confiscation (such as narcotic plants or contraband substances) are not tampered with or disposed of during the investigation, even if they cannot be immediately seized.
- Dealing with Practical Challenges: In cases where immediate seizure is impractical (like crops growing in fields or goods stored in remote locations), this section provides a practical way to control the goods without risking their loss or destruction.
- Continuity of Legal Process: By preventing the removal or alteration of the goods, the section maintains the integrity of the legal process. It ensures that law enforcement authorities can take the necessary steps to properly confiscate and deal with the goods once seizure is practicable.
Summary
Section 45 provides a preventive mechanism when it is not feasible to immediately seize goods (including standing crops) that are liable to confiscation under the NDPS Act. It allows authorized officers to issue an order to the owner or possessor of the goods, preventing them from removing, disposing of, or otherwise dealing with the goods without the officer’s prior approval. This provision helps maintain control over goods that are essential to an investigation, ensuring they cannot be hidden or destroyed before appropriate action can be taken.
