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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Murugan – Appellant
Versus
State rep. by The Station House Officer, Prohibition Enforcement Wing Police Station – Respondent
| Table of Content |
|---|
| 1. petition for return based on ownership. (Para 1 , 2) |
| 2. arguments on entitlement and precedent. (Para 3 , 4) |
| 3. court observed procedural missteps. (Para 5 , 6 , 10) |
| 4. clarification on custodial rights. (Para 8 , 9 , 11) |
| 5. final order to allow the petition. (Para 12 , 13) |
ORDER :
M. Nirmal Kumar, J.
The petitioner, owner of Bajaj KTM 200 Duke bearing registration No.TN-25-CK-5085 filed a petition for return of property before the Special Court for trial of Narcotic Drugs and Psychotropic Substance Act Cases. The Trial Judge returned the petition for the reason “This application is returned based on the Hon’ble High Court Madras Circular in ROC.No.70917-A/2025/F1 dated 01.09.2025”. Against which, the present petition filed.
2.The contention of the learned counsel for the petitioner is that the petitioner is a daily waged and he uses the bike for his work. The petitioner recently purchased the bike with financial assistance from Bajaj Auto Credit Limited. One Naveenkumar, who is a resident of Avalurpettai and known to the petitioner through his relative requested and taken the bike from the petitioner to visit his family members at Avalurpettai. Thereafter, the petitione
Property seized under NDPS Act cannot be returned without a judicial hearing if the owner proves lack of knowledge regarding contraband use.
The court established the necessity of judicial scrutiny and opportunity for hearing prior to the confiscation of seized vehicles under the NDPS Act.
Ownership of a vehicle does not imply knowledge of its use for illegal activities; the NDPS Act allows for property return under specific conditions defined in the Criminal Procedure Code.
Special Courts under NDPS Act can consider return of property petitions, affirming ownership rights if statutory conditions are met.
The court may order the return of seized vehicles under NDPS Act if the owner proves no involvement in the offense, subject to specific legal conditions.
The NDPS Act's specific provisions regarding seized vehicles take precedence over general Cr.P.C. provisions, requiring proof of ownership and lack of knowledge of illicit use for return of property.
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.
Courts retain discretion under BNSS Sections 497/503 to grant interim custody of NDPS-seized vehicles to bona fide innocent owners despite 2022 Rules.
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.
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