The NDPS Act provides a comprehensive mechanism for the disposal of seized property, which overrides general provisions of the CrPC, ensuring proper judicial oversight and compliance with statutory requirements.

ORDER

This writ petition has been filed seeking a direction to the respondent police to release the petitioner’s vehicle, which was seized in connection with Crime No.417 of 2024, on the file of the Inspector of Police, Devathanapatti Police Station, Theni, registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

2. The facts of the case is that on 21.02.2024, at around 07:00 am, during a routine vehicle check conducted at Patla Untunda to Pery Quella Main Road by the respondent police, in coordination with the revenue officials, a vehicle bearing Registration No.KL-02-AR-9831 was intercepted on suspicion. Upon inspection, five packets of Ganja weighing approximately 26.562 kilograms were found concealed inside the said vehicle. Following the procedures as mandated under the Narcotic Drugs and Psychotropic Substances Act, 1985 , the respondent police seized the contraband substance along with other incriminating materials, including the vehicle in question.

3. According to the petitioner, he is the registered owner of the vehicle in question and the vehicle was lent by him to a friend, who, without his knowledge or consent, subsequently handed it over to the first accused. It is alleged that the said vehicle was thereafter misused for the illegal transportation of Ganja to the State of Kerala.

4. Learned Counsel for the petitioner contended that the petitioner has no involvement whatsoever in the alleged offence. However, his vehicle has been seized and is presently lying idle, leading to deterioration and consequent hardship. Despite submitting a request dated 06.01.2025 for return of the vehicle, no orders have been passed on the same.

5. He has also relied on the judgment of the Hon'ble Supreme Court in Sunderbai Ambalal Desai v. State of Gujarat [(2002) 10 SCC 281], wherein it was held that the Courts have the power under Section 451 CrPC to order interim custody of seized property, including vehicles, pending trial, to prevent unnecessary damage or deterioration of the property. Therefore, he prayed for appropriate orders for release of vehicle.

6. Learned Additional Public Prosecutor, on the other hand, submitted that Ganja to the tune of 26.5 kgs was recovered from the petitioner's vehicle. Since the vehicle has been recovered for the offence under the provisions of the NDPS Act, it has to be disposed only by the Drug Disposal Committee constituted for this purpose. He further submitted that the vehicle has already been referred to the Drug Disposal Committee.

7. In support of his contention, he has relied on the judgment of the Hon'ble Supreme Court in Union of India v. Mohanlal [(2016) 3 SCC 379 and the judgment of this Court in R.Manimaran v. State of Tamil Nadu [Crl.A(MD)No.192 of 2025, dated 09.07.2025]. He has also relied on the Standard Operating Procedure for disposal of vehicles seized under the NDPS Act, issued by the Government of Tamil Nadu, vide Letter No.66, Home, Prohibition and Excise Department, dated 04.07.2025.

8. This Court considered the rival submissions made on either side and perused the materials placed on record, including the Standard Operating Procedure dated 04.07.2025.

9. At the outset, it is not in dispute that the vehicle in question was seized during an investigation under the NDPS Act, and that the same has already been referred by the respondent police to the Drug Disposal Committee (DDC) constituted under the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. In view of the above development, this Court is of the considered view that the petitioner has to work out his remedy before the Drug Disposal Committee, which is already seized of the matter.

10. However, it is brought to the notice of this Court that the Hon’ble Supreme Court, very recently, in Bishwaijit Dey v. State of Assam [(2024) SCC OnLine SC 123], permitted interim custody of a vehicle under Section 451 CrPC, which was seized fo