Maruti Suzuki Dzire car bearing Registration No. TN-14-U-1924. The 1^st petitioner and one Madhanagopalakrishnan were found in the vehicle. Based on the ensuing enquiry and seizure, the police allege that the vehicle had been used for the illegal transportation / selling of ganja. The car was seized as case property / conveyance used in the commission of NDPS offences and has since been kept in police custody.

3. In the written objection filed before the Special Court, the prosecution asserts that: Accused No.1 (the petitioner) was selling ganja using the said Maruti Suzuki Dzire car; The vehicle has been produced before the Drug Disposal Committee; and if the vehicle is now handed over to the petitioner on interim custody, he will not produce it in future, thereby frustrating the prosecution and any confiscation proceedings. On these premises, the prosecution strongly opposed the request for interim custody.

Case of the Petitioner:

4. The petitioner’s case, as projected in Crl.M.P.No.1358 of 2025 and reiterated herein, is as follows:

The vehicle Maruti Suzuki Dzire bearing Registration No. TN-14-

U-1924 was originally registered in the name of the 1^st petitioner's late wife, Nithiya, who passed away intestate. The 1^st petitioner states that he and his minor children are the legal heirs of the deceased Nithiya and, in that capacity, are the rightful owners / claimants of the car. The vehicle is used for personal and domestic purposes. On 13.12.2024 at about 7.40 a.m., while police personnel were patrolling at Kannapuram Junction, the car was intercepted and the petitioner, along with one Madhanagopalakrishnan, was apprehended. The police thereafter seized the car, alleging that it was used for illegal transportation of contraband.

5. The petitioner contends that he was neither in control of the vehicle for any unlawful purpose nor engaged in any illegal activity at the time of the alleged offence; he disputes that the vehicle was knowingly used for NDPS offences. He further submits that the vehicle is now kept in the police station in the open, exposed to sun, rain, and other natural forces. Continuous exposure has caused, and will continue to cause, natural decay, degrading the mechanical condition and market value of the vehicle. If the car is allowed to remain indefinitely in police custody, it will become unfit for reliable road use, and he and his minor children will suffer severe hardship.

6. The 1^st petitioner avers that he is ready to produce the vehicle whenever required, to comply with any conditions, and that there is no justification in law for refusing interim custody to the legal heirs and claimants. On these grounds, he prayed for interim return of the vehicle.

Gist of the Trial Court order:

7. By order dated 20.06.2025 in Crl.M.P.No.1358 of 2025, the learned Principal Special Judge for NDPS Act Cases, Madurai, dismissed the petitioner’s application. The reasoning, in substance, is as follows:

The vehicle bearing Reg. No. TN-14-U-1924 Maruti Suzuki Dzire stands seized in connection with Crime No.438 of 2024 relating to NDPS offences. The prosecution has objected to interim release, stating that Accused No.1 was selling ganja using the said vehicle. It has also been stated that the vehicle has been produced before the Drug Disposal Committee. The Court accepted the prosecution’s apprehension that, if the vehicle is handed over to the petitioner, he may not produce it in future, particularly when it has already been taken up for disposal proceedings. On these grounds, and having regard to the NDPS nature of the offence, the learned Special Judge held that the petitioner is not entitled to interim custody and dismissed the petition.

Grounds of Revision:

8. The petitioner assails the impugned order on, inter alia, the following grounds:

The learned Special Judge failed to appreciate that the petitioners, as surviving spouse and children and the legal heirs of the registered owner, is a prima facie rightful claimants to the car,