Section 63: Procedure in making confiscations

(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly.

(2) Where any article or thing seized under this Act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly:

Provided that no order of confiscation of an article or thing shall be made until the expiry 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:

Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance 1[controlled substance], the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale.

2* * * * *

1. Ins. by s. 29, ibid. (w.e.f. 2-10-2001).

2. Sub-section (3) omitted by Act 9 of 2001, s. 29 (w.e.f. 2-10-2001).

Simplified Explanation

Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) deals with the procedure for confiscating goods or articles that are found in connection with crimes under the Act, particularly those that may be subject to confiscation under Sections 60, 61, or 62. The section lays down the process that the court must follow when deciding whether to confiscate any item related to the offense.

Key Points of Section 63:

Sub-section (1): Confiscation Procedure in Trials

1. Court’s Responsibility in Deciding Confiscation:
   • When a trial is conducted under the NDPS Act, regardless of whether the accused is convicted, acquitted, or discharged, the court is responsible for deciding whether any item or article seized in connection with the case is subject to confiscation.
   • The court will determine if the item is liable to be confiscated under Section 60 (Confiscation of illicit drugs or substances), Section 61 (Confiscation of goods used to conceal drugs), or Section 62 (Confiscation of sale proceeds from the sale of illicit substances).
   • If the court finds the item liable for confiscation, it may order the confiscation accordingly.

Sub-section (2): Confiscation when the Offender is Unknown or Cannot Be Found

2. Procedure When the Offender is Unknown:
   • If the person who committed the offense in connection with the seized item is not known or cannot be found, the court can still inquire into the matter and decide whether the item is liable for confiscation.
   • The court can then issue an order for confiscation, even if the offender is not present or identifiable.
3. Conditions for Confiscation:
   • Time frame for Confiscation Order:
     • No order for confiscation can be made until the expiry of one month from the date of seizure of the article.
     • This gives a minimum period for review and claim.
   • Hearing of Claims:
     • Before making a confiscation order, the court must hear any person who claims ownership or right to the seized article. This ensures that legitimate owners have an opportunity to present evidence supporting their claim to the item.
   • Speedy Decay of Items:
     • If the seized article is liable to speedy decay (i.e., it is perishable or will lose its value quickly), or if the court believes selling the item would benefit the owner, the court may direct it to be sold immediately.
     • This is particularly important for items like food, plants, or materials that cannot be stored for long periods without deteriorating.
   • Application to Sale Proceeds:
     • If the item is sold, the same procedure applies to the net proceeds (money from the sale). These proceeds are also subject to the process outlined in the sub-section, meaning they could also be confiscated.

Omissions and Amendments:

• Sub-section (3) Omitted: Sub-section (3) was omitted by an amendment in 2001, which simplifies the procedure and eliminates certain redundant provisions that were previously included.

Practical Example:

• If a shipment of heroin (narcotic drug) is seized by authorities, the court must decide whether the heroin (under Section 60), the container used to hide it (under Section 61), or the sale proceeds from the drug sale (under Section 62) should be confiscated.
• If the person responsible for the drug trafficking cannot be found, the court can still decide to confiscate the drugs and any proceeds, following the procedure above, ensuring that the goods or money do not return to illegal use.

Summary:

Section 63 establishes a detailed legal procedure for the confiscation of items seized in connection with offenses under the NDPS Act. It ensures that confiscation decisions are made following due process, including the opportunity for claims by rightful owners, while also providing flexibility to deal with perishable items. The provision aims to ensure that illicit drugs, goods used to conceal them, and the proceeds from their sale do not return to the illegal market, even if the offender is not immediately identifiable.