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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
Madasamy – Appellant
Versus
State of Tamil Nadu Represented by The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. challenge against vehicle seizure due to legal context. (Para 2 , 3) |
| 2. contentions regarding interim custody based on ownership. (Para 4 , 5) |
| 3. reference to legal precedents and changes in jurisdiction. (Para 6 , 7 , 8) |
| 4. final directions on vehicle return under specific conditions. (Para 11) |
ORDER :
Mohammed Shaffiq, J.
Heard Mr.K.Ashok Kumar, learned Counsel for Revision Petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor for Respondent.
2. This Criminal Revision Case has been filed challenging the order dated 25.08.2025 in Crl.M.P.No.2550 of 2025 passed by Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai, whereby petitioner's request for interim custody of the vehicle viz., Pulsar RS 200 bearing Registration No.TN-72-CB-3114 in Cr.No. 265 of 2024 on the file of Pettai Police Station, Tirunelveli, was rejected.
3. Mr.K.Ashok Kumar, learned Counsel for Revision Petitioner would submit that petitioner is the owner of the vehicle viz., Pulsar RS 200 bearing Registration No.TN-72-CB-3114. The said vehicle was seized by Respondent Police and a case was registered in Crime No.265 of 2024, dated 04.12.2024 for
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.
A true vehicle owner not implicated in a narcotics crime is entitled to interim custody of their vehicle pending trial, emphasizing procedural fairness and rights under statutory law.
Interim custody of a seized vehicle under NDPS is justified if the owner proves no knowledge or involvement in illegal acts, respecting natural justice.
The court reaffirmed that the jurisdiction to grant interim custody of vehicles seized under NDPS Act lies with the Special Court, ensuring owners' rights are protected during proceedings.
The court emphasized that the ownership of seized vehicles cannot be ignored and must be adjudicated by a Special Court to ensure fairness and justice.
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.
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.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
Car owners, not charged in drug cases, may have vehicles returned unless shown knowledge or involvement in crimes.
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