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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
Rajeshwari – Appellant
Versus
State of Tamil Nadu, Rep By Inspector of Police, Aranthangi Police Station – Respondent
| Table of Content |
|---|
| 1. request for interim custody due to vehicle seizure. (Para 2 , 3 , 4) |
| 2. conditions for release of the vehicle discussed. (Para 5 , 6) |
| 3. jurisdiction of special court affirmed. (Para 7 , 8) |
| 4. court's decision to allow appeal for vehicle release based on the circumstances. (Para 9 , 10) |
| 5. final decision provides for vehicle condition and release terms. (Para 11) |
ORDER :
Heard Mr.K.Althaf Sheriff, learned Counsel for M/s.Ajmal Associates, for Revision Petitioner and Mr.M.Karunanithi, learned Government Advocate for Respondent.
3. Mr.K.Althaf Sheriff, learned Counsel for Revision Petitioner would submit that petitioner is owner of vehicle viz., Skoda Slavia car bearing Registration No.TN-65-BB-0839 (Chasis No.MEXBPJPB5PG015653, Engine No.DTB168910). The said vehicle was seized by Respondent Police and a case was registered in Crime No.168 of 2025, dated 13.04.2025 for offence punishable under Section 8 (c), 20(b)(ii)(B) and 25 of NDPS Act, 1985, for illegal transportation of 1.250Kgs of Ganja. Petitioner has filed Crl.MP.No.1416 of 2025 before Additional District and Sessions Judge/Presiding Officer, Special Court for E.C and NDPS Act Cases, Pudukkottai, to grant interim
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
The owner of a vehicle seized in connection with an NDPS offence can claim its release if proved unconnected with the crime, emphasizing the need for judicial scrutiny in such cases.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
Ownership rights must be acknowledged in interim custody claims of seized vehicles under the NDPS Act, especially when no charges are laid against the owner.
The ownership of a vehicle seized under NDPS Act must be respected if the owner proves lack of knowledge of its illegal use; interim custody can be granted subject to conditions.
The court ruled that a vehicle seized under the NDPS Act can be released on interim custody unless the owner is implicated in the unlawful use, affirming the application of Sections 451 and 457 of th....
A registered owner of a vehicle seized in connection with a narcotics offence, who is not an accused, is entitled to interim custody of the vehicle, subject to meeting certain conditions to ensure co....
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