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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
Harihara Sudhan S/o. Vetrivelan – Appellant
Versus
State of Tamilnadu Rep. by the Inspector of Police Keerathurar Police Station – Respondent
| Table of Content |
|---|
| 1. petitioner's ownership and innocence claimed. (Para 3 , 4) |
| 2. prosecutor's caution regarding vehicle release. (Para 5 , 6) |
| 3. high court's analysis on jurisdiction under ndps act. (Para 7) |
| 4. supreme court clarifies jurisdiction over seized vehicles. (Para 8) |
ORDER :
Mohammed Shaffiq, J.
Heard M/s.D.Venkatesh, learned Counsel for Revision Petitioner and Mr.A.Thiruvadikumar, learned Additional Public Prosecutor for the Respondent.
2. This Criminal Revision case has been filed to set aside the order of Principal Special Court for NDPS Act cases, Madurai District, dated 29.09.2025 in Crl.M.P.No.3712 of 2025 and to direct the Principal Special Court for NDPS Act cases, Madurai District to return the vehicle, viz., Skoda Auto, bearing Registration No.TN-76-AS-7887, to Revision Petitioner.
3. Mr.D.Venkatesh, learned Counsel for Revision Petitioner, would submit that the subject vehicle originally belonged to petitioner. The case of the prosecution is that a case in Crime No.2 of 2025 was registered by the 2nd respondent police as against one Subash Chandra Bose (Died). The allegation made in the FIR is that when the police tried to arrest the sole accused, namely Subash Chandr
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.
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 court emphasized that the ownership of seized vehicles cannot be ignored and must be adjudicated by a Special Court to ensure fairness and justice.
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.
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.
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.
Car owners, not charged in drug cases, may have vehicles returned unless shown knowledge or involvement in crimes.
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