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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
Maheshwari – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. petitioner claims ownership and seeks vehicle return. (Para 2 , 3 , 4) |
| 2. respondent alleges future offenses if vehicle returned. (Para 5) |
| 3. judiciary explains jurisdiction over ndps vehicle custody. (Para 6 , 7 , 8) |
| 4. court affirms rights to interim custody if no involvement. (Para 9 , 10 , 11) |
| 5. ruling sets aside prior order, permits vehicle release. (Para 12) |
ORDER :
1. Heard Mr.R.Anand, learned Counsel for Revision Petitioner and Mr.P.Kottaichamy, learned Government Advocate for Respondent.
2. Present Criminal Revision Case has been filed to set aside the order dated 27.10.2025 made in Cr.M.P.No.3601 of 2025 passed by Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases, Madurai, whereby the petition under Section 497 of BNSS for interim custody of vehicle viz., Ashok Leyland Container Lorry bearing Registration No.TN88 K 3720 (Chasis No.MBICTCHD4KEBE3687), was rejected on the premise that said vehicle was used for smuggling ganja and if handed over to petitioner, it would again be used for smuggling ganja.
3. Mr.R.Anand, learned Counsel for Revision Petitioner would submit that petitioner is owner of vehicle viz., Ashok Leyland Contain
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.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
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.
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.
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.
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