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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
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 Chandra Bose, they opened fire, for self-defence, the police officials returned fire and he died on the way to hospital. Then the vehicle was seized along with Ganja weighing 12.900Kgs. A case was registered in Crime No.219 of 2025, for the offences punishable under sections 296(b
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.
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 property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
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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