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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
Annamalai – Appellant
Versus
State Of Tamilnadu Rep By Inspector Of Police – Respondent
| Table of Content |
|---|
| 1. ownership and seizure details related to vehicle. (Para 1 , 2 , 3) |
| 2. arguments about rights to the vehicle. (Para 4 , 5) |
| 3. court's review on jurisdiction and past rulings. (Para 6 , 7 , 8 , 10) |
| 4. guidelines on interim custody of seized vehicles. (Para 11 , 12) |
ORDER :
Heard Mr.P.Senguttuarasan, learned Counsel for Revision Petitioner and Mr.M.Karunanithi, learned Government Advocate (Criminal Side) for Respondent.
3. Mr.P.Senguttuarasan, learned Counsel for Revision Petitioner, would submit that the subject vehicle originally belonged to Suryaprakash. Petitioner purchased the used vehicle from Suryaprakash on 10.07.2024 and transfer of ownership in RC ook is under progress. Since the date of purchase, Petitioner has been regularly using the vehicle. While so, one Jaya Venkatesh, friend of Petitioner's son, borrowed the said vehicle from his son for his personal use on 25.07.2024. Thereafter, Petitioner came to know that his vehicle was seized by Respondent Police for illegal transportation of 1.100 kg of ganja. A case was registered in Crime No. 154 of 2024, dated 26.07.2024, for offences under Sections 8(c) and 20(b)(II)( B) of the NDPS Act and Jaya Venkatesh was a
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 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 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.
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....
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....
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