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2025 Supreme(SC) 1857

SUPREME COURT OF INDIA
VIKRAM NATH, SANDEEP MEHTA, JJ.
Denash – Appellant
Versus
The State of Tamil Nadu – Respondent
Criminal Appeal No(s). 4613 of 2025 (Arising out of SLP (Crl.) No(s). 8698 of 2025)
Decided On : 27-10-2025

Advocates appeared:
For the Petitioner(s): Mr. A. Venayagam Balan, AOR
For the Respondent(s): Mr. Sabarish Subramanian, AOR

IMPORTANT POINTS
(1) Release of seized vehicle on Supurdagi pending conclusion of trial – Confiscation, being a measure resulting in deprivation of property, must conform to basic tenets of natural justice and must be preceded with a prior hearing.
(2) Rules, being subordinate legislation, cannot override or curtail substantive rights and procedural safeguards envisaged under parent legislation.
(3) Application of criminal law cannot be reduced to a rigid or mechanical formula – Each case must be examined in light of its peculiar facts and circumstances.

Headnote:

(A) Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 60 and 63 – Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 – Rules 17, 20, 21, 22 and 23 – Criminal Procedure Code, 1973 – Section 451 [Section 497 of BNSS] – Release of seized vehicle on Supurdagi pending conclusion of trial – While Rules of 2022 lay down procedure for initiation and disposal of seized articles, they are notably silent on rights of persons whose property is affected by such disposal – This omission assumes particular importance in cases where seized property is not a contraband per se but a conveyance or container belonging to a third party who may have no connection with seized contraband – Where owner is able to demonstrate that conveyance was used in violation of NDPS Act without his knowledge or connivance and that due diligence was exercised, vehicle cannot be confiscated merely because it was used in commission of offence under the Act – However, Rules of 2022 do not provide any such liberty to owner nor do they empower Committee to release a vehicle/conveyance seized under the Act – Power to determine whether or not a seized conveyance is liable to confiscation vests in Special Court constituted under NDPS Act and not in any administrative or executive authority such as Drug Disposal Committee – Confiscation, being a measure resulting in deprivation of property, must conform to basic tenets of natural justice and must be preceded with a prior hearing which would ensure that an innocent owner or a bona fide claimant, whose vehicle or container might have been misused without his knowledge or connivance, is not subjected to undue hardship and unjust deprivation of his property. (Paras 17, 19, 20, 21 and 22)

(B) Criminal Procedure Code, 1973 – Sections 451 and 4578 [Sections 497 and 503 of BNSS] – Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 60 and 63 – Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 – Rules 17, 20, 21, 22 and 23 – Release of seized vehicle on Supurdagi pending conclusion of trial – Confiscation or otherwise of a conveyance is to be determined finally, only upon conclusion of trial, and until such adjudication, ownership rights of owner, who prima facie establishes that he is unconnected with seized contraband, from claiming seized vehicle cannot be extinguished – Power of confiscation is coupled with duty to observe procedural fairness and to ensure that no prejudice is caused to an innocent owner who had neither knowledge nor wilfully participated or connived to commit offence under NDPS Act – Rules of 2022 restrict mode of disposal of a seized conveyance to “tender or auction”, as may be determined by Drug Disposal Committee – However, this restrictive procedural framework must necessarily be read in harmony with parent statute – Rules, being subordinate legislation, cannot override or curtail substantive rights and procedural safeguards envisaged under parent legislation that is NDPS Act – While the Act provides for confiscation in appropriate cases, it does not preclude Court from granting interim release of vehicle where circumstances so warrant – Powers under Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS] pertaining to disposal of property pending trial, would certainly apply to proceedings before Special Court – In absence of express bar under NDPS Act, mere fact that a vehicle may be liable to confiscation under Section 60 cannot, by itself, operate to deny interim custody to a bona fide owner – Appellant is true owner of vehicle, having valid documents – Rules of 2022 cannot be interpreted as divesting Special Courts of their jurisdiction to entertain application for interim custody or release of a seized conveyance under Sections 451 and 457 of Cr.P.C. [Sections 497 and 503 of BNSS] – Vehicle to be released on Supurdagi to appellant. (Paras 26, 27, 28, 29, 31, 34 and 36)

Facts of the case:

Appellant herein has approached this Court through this appeal by special leave for assailing judgment dated 20th December, 2024 passed by Single Judge of Madurai Bench of Madras High Court1 in Criminal Revision Case (MD) No.1021 of 2024, whereby prayer made by appellant for interim custody of his lorry was rejected.

Findings of Court:

Impugned judgment dated 20th December, 2024 passed by the High Court is accordingly set aside. The vehicle bearing Registration No. TN 52 Q 0315 shall be released on Supurdagi to appellant on such terms and conditions, which Special Court may impose.

Result : Appeal allowed.

Judgement Key Points

Based on the provided legal document, the possessor of the vehicle is the appellant, who is the lawful owner with valid documents. The appellant was engaged in transporting a valuable cargo of iron sheets and is not accused of any involvement in the contraband. The vehicle was lawfully hired and operated by the appellant, and there is no indication that he had knowledge or connivance regarding the seized Ganja. The court has recognized the appellant as the bonafide owner and has ordered the vehicle to be released to him on certain conditions (!) (!) .


JUDGMENT

Mehta, J.

1. Heard.

2. Leave granted.

3. The appellant herein has approached this Court through this appeal by special leave for assailing the judgment dated 20th December, 2024 passed by the learned Single Judge of the Madurai Bench of the Madras High Court [Hereinafter, being referred to as the “High Court”.] in Criminal Revision Case (MD) No.1021 of 2024, whereby the prayer made by the appellant for interim custody of his lorry bearing registration no. TN 52 Q 0315 (Ashok Leyland, 14 wheeler) [Hereinafter, being referred to as “the vehicle”], was rejected.

Brief Facts: -

4. The appellant is the owner of the vehicle in question, which was lawfully hired for transporting 29,400 MT of iron sheets from M/s S.S. Steel and Power, Chhattisgarh to Ashok Steels, Ranipet, Tamil Nadu. For this purpose, the vehicle had been assigned to driver Kannan @ Venkatesan (accused No. 1), Deva (accused No. 2), Senthamalivalavan (accused No. 3), and Tamil Selvan (accused No. 4). During the course of transit, on 14th July, 2024, the officers of Police Station Neyveli Township, intercepted and searched the vehicle, whereupon 1.5 kilograms of Ganja was found concealed beneath the driver Kannan’s (accused No. 1) seat, and an additional 1.5 kilograms each was recovered from the personal possession of the other three accused, thereby bringing the total quantity of seized Ganja to 6 kilograms. All four accused persons present in the vehicle were arrested. Pursuant to the seizure, First Information Report No. 220 of 2024 was registered at P.S. Neyveli Township, District Cuddalore, for offences punishable under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of the Narcotic Drugs and Psychotropic Substance Act, 1985 [For short “NDPS Act”]. Upon conclusion of the investigation, chargesheet was filed against the aforesaid four accused for the said offences. It is important to note that the appellant was not arraigned as an accused in the report filed under Section 173(2) of the Code of Criminal Procedure [For short “CrPC”.] [Section 193(3) of Bharatiya Nagarik Suraksha Sanhita [For short “BNSS”]].

5. Being aggrieved by the continued seizure of his valuable transport vehicle, the appellant moved an application under Section 497 BNSS [Section 451 CrPC], being Criminal Miscellaneous Application No. 5495 of 2024, before Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur [Hereinafter, being referred to as the “Special Court”], seeking interim release of the seized vehicle on supurdagi pending conclusion of trial.

6. The Special Court, vide order dated 9th September, 2024 dismissed the aforesaid application filed by the appellant on the ground that the vehicle seized under the provisions of the NDPS Act was not amenable to release on interim custody by invoking the provisions under Sections 451 and 452 of CrPC [Sections 497 and 498 BNSS], as the same was liable to confiscation under Section 63 of the NDPS Act.

7. Being aggrieved, the appellant approached the High Court for assailing the order of the Special Court by filing Criminal Revision Case (MD) No. 1021 of 2024 which came to be rejected by the impugned judgment.

8. The High Court held that pursuant to introduction of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 [For short “Rules of 2022”], the Drug Disposal Committee alone had the authority and jurisdiction to adjudicate upon the disposal of the property which included seized drugs as well as the conveyances. The High Court further held that since the Rules of 2022 vested exclusive jurisdiction with the Drug Disposal Committee, it could be presumed that the Committee was empowered to consider requests for interim release of a seized conveyance as well. Accordingly, the revision preferred by the appellant was dismissed upon which, the appellant is before us by way of the instant appeal with special leave.

9. Learned counsel appearing for the appellant placed re

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