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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Rajith Kumar Mamidishetti – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This writ petition has been filed seeking the following relief:
“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus questioning the impugned proceedings Cr.No.B/21/2022/DCM, Dt.29.04.2025 served on the Petitioner on 07.05.2025 by the 2nd Respondent for confiscating the Mahindra Thar vehicle bearing No.TS 08-JZ-0005 in favour of Government which was seized in COR No.06 of 2025 dt.20.01.2025 on the file of Proh. and Excise Police Station Sangarereddy by rejecting to grant interim custody in favour of the Petitioner without concluding the trial is ex facie erroneous, illegal, arbitrary and unjust and consequently set aside the impugned Proceedings Cr.No.B/21/2022/ DCM, dt.29.04.2025 (served on the Petitioner on 07.05.2025) issued by the 2nd Respondent and forthwith release the vehicle in favour the Petitioner and pass such other order or orders as deem fit and proper in the interest of justice.”
2. Heard Sri Palle Sriharinath, learned counsel for the petitioner; Sri R.Laxmikanth Reddy, learned Assistant Government Pleader for Home
The court ruled that failure to provide reasons for the seizure of a vehicle, under the NDPS Act, constitutes a violation of natural justice, warranting its release to the owner.
Court establishes that interim custody of a seized vehicle requires proof of ownership knowledge of its use in a drug-related crime.
Interim custody of a vehicle cannot be denied if the owner is not culpable for its use in a narcotics offense.
The court has the power to direct the release of a confiscated vehicle pending appellate proceedings if it is in the interest of justice.
The court established that the Special Court has the authority to grant interim custody of a vehicle seized under the NDPS Act if the owner proves lack of knowledge of its use for illegal activities.
Courts can grant interim custody of vehicles involved in NDPS Act offenses, emphasizing the rights of registered owners.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
A vehicle seized under the NDPS Act can be released on interim custody if its owner is not culpable in its use for illegal activities.
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