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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MOHAMMED SHAFFIQ
Pallavi Chaganti – Appellant
Versus
State of Tamil Nadu, Rep by Narcotics Control Bureau, Chennai Zonal Unit – Respondent
| Table of Content |
|---|
| 1. ownership claims for seized property. (Para 3 , 4) |
| 2. natural justice in property deprivation. (Para 11 , 12) |
ORDER :
MOHAMMED SHAFFIQ, J.
Heard Mr.R.Jothiraj, learned Counsel for Revision Petitioner and Mr.C.Arulvadivel @ Sekar, learned Special Public Prosecutor for Respondent.
2. Present Criminal Revision Case has been filed to set aside the order passed by Additional District Judge/Presiding Officer, Special Court under Essential Commodities Act, Thanjavur, in Crl.M.P.No.2992 of 2025 by an order dated 06.08.2025, whereby the petition filed under Sections 497 and 503(2) of BNSS for interim custody of vehicle Reg.No.TS-08-HM-7373, was rejected.
3. Mr.R.Jothiraj, learned Counsel for Revision Petitioner would submit that petitioner claims to be the owner of the vehicle bearing Registration No.TS-08-HM-7373. The said vehicle was seized by the Respondent and a case was registered in NCB.F.No.48/01/07/2025/NCB- MDS, for the offence under Sections 8(c) r/w 20(b)(ii)(c), 28 and 29 of NDPS Act, alleging that the said vehicle was involved in transportation of prohibited contraband, Ganja. Petitioner has filed Crl.MP.No.2992 of 2025 before Additional District Judge/Presiding Of
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.
Car owners, not charged in drug cases, may have vehicles returned unless shown knowledge or involvement in crimes.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
Interim custody of a seized vehicle under NDPS is justified if the owner proves no knowledge or involvement in illegal acts, respecting natural justice.
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.
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.
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.
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