Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 70244

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Packiaraj – Appellant
Versus
State of Tamil Nadu – Respondent
CRL RC(MD)No.1190 of 2025

Advocates:
For the Appellants/Petitioners: P.T. Ramesh Raja
For the Respondents: T. Senthil Kumar

The Drug Disposal Committee's proceedings under the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022, do not divest the Special Court of its jurisdiction under the BNSS/CrPC to order interim custody of seized vehicles, especially when the owner is not implicated and the vehicle is subject to natural decay.

Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36-C, 51, 52-A, 60(3) and 63 - Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 - Sections 497 and 503 - Interim custody of vehicle - Power of Court to release vehicle - Drug Disposal Committee rules - Whether disposal rules override judicial power - Held, Drug Disposal Committee rules cannot override judicial powers of Court under BNSS/Cr.P.C. to grant interim custody. (Paras 24, 25)

(B) Interim Custody of Property - Innocent owner - Vehicle used in offence by third party - Principles for release - Vehicles should not be allowed to decay in police custody - Innocent owner entitled to interim custody subject to conditions of bond and non-alienation - Judicial determination of confiscation under Section 63 takes precedence over administrative disposal. (Paras 26, 29, 32)

Facts of the case:
The petitioner is the registered owner of a motorcycle seized in connection with a transport offence involving narcotic substances. The vehicle was used by the petitioner's son (who has since deceased). The petitioner, not being an accused in the case, sought interim custody of the vehicle. The trial Court dismissed the petition, citing that the vehicle had been forwarded to the Drug Disposal Committee under the 2022 Disposal Rules.

Findings of Court:
The High Court held that the trial Court erred in assuming it lacked jurisdiction due to the involvement of the Drug Disposal Committee. It emphasized that custodial power under the BNSS remains intact and is not eclipsed by administrative disposal procedures. As an innocent owner, the petitioner is entitled to interim custody to prevent the vehicle's deterioration.

Issues: Whether the Trial Court was justified in refusing interim custody, and whether the Drug Disposal Committee rules divest the Court of jurisdiction to order the release of a vehicle seized under the Act.

Ratio Decidendi: Judicial oversight of property in custody is a substantive power that cannot be usurped by delegated administrative legislation; therefore, interim custody must be granted to prevent loss, provided the interest of the prosecution is secured through specific conditions.

Result: Revision Petition allowed, with conditions for interim custody.

Table of Content
1. factual background of the vehicle seizure. (Para 1 , 2 , 3 , 4)
2. owner's right to property and innocence. (Para 5 , 6 , 7)
3. challenged order's error regarding jurisdiction. (Para 8 , 9 , 10 , 11 , 12)
4. parties' arguments regarding court jurisdiction. (Para 13 , 14 , 15 , 16 , 17 , 18)
5. courts retain jurisdiction despite disposal rules. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
6. release justified for innocent owner to prevent decay. (Para 28 , 29 , 30 , 31 , 32)
7. final orders and conditions for interim release. (Para 33 , 34 , 35 , 36)

PRAYER: Criminal Revision Petition is filed under Sections 438 r/w. 442 of BNSS, 2023, to call for the records pertaining to the order passed in Crl.MP.No.687/2025 on the file of the learned 1st Additional Special Court for Trial of NDPS Act cases, Madurai, dated 20.05.2025 and set aside the same by allowing the revision petition.

ORDER

Preface:

This Criminal Revision Petition calls in question the correctness of the order dated 20.05.2025 passed in Crl.M.P.No.687 of 2025 by the learned I Additional Special Court for Trial of NDPS Act Cases, Madurai, whereby the application filed by the petitioner seeking interim custody of his Suzuki Gixxer motorcycle bearing Registration No.TN-42-AL-5073, seized in connection with Crime No.451 of 2023 on the file of Uthamapalayam Police Station, Theni District, came to be dismissed.

Case of the Prosecution:

2. The prosecution case, as could be gathered from the materials placed and the objection filed before the trial Court, may be succinctly stated thus Crime No.451 of 2023 was registered on the file of Uthamapalayam Police Station for the alleged offences under Sections 8(c), 20(b)(ii)(B), 25 and 29(1) of the NDPS Act. It is alleged that the petitioner's son, one Saravanakumar, who was arrayed as A1, along with other accused, was found in possession and in the act of transporting ganja to the total quantity of 2.5 kilograms. According to the prosecution, two motorcycles were intercepted at the relevant point of time, namely: (i) Suzuki Gixxer motorcycle bearing Registration No.TN-42-AL-5073, and (ii) Hero Honda Passion Plus motorcycle bearing Registration No.TN-58-K-2113.

3. From the pillion rider of each motorcycle, the police allegedly recovered 1.25 kilograms of ganja, aggregating to 2.5 kilograms. The Suzuki Gixxer bearing Registration No.TN-42-AL-5073 is not disputed to be registered in the name of the present petitioner, who is the father of the deceased A1. During the pendency of the proceedings, the said A1, Saravanakumar, is stated to have died in a road accident on 11.12.2024, upon which the case as against him has abated. However, the Suzuki Gixxer motorcycle remains in the custody of the prosecution.

4. It is the further stand of the respondent that the said vehicle has been forwarded to the Drug Disposal Committee in terms of the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022, and that, therefore, the vehicle is now within the domain of the Drug Disposal Committee and cannot be released on interim custody to the petitioner.

Case of the Petitioner:

5. The case of the petitioner, as projected before the trial Court and reiterated before this Court, is that he is the registered owner of the Suzuki Gixxer motorcycle bearing Registration No.TN-42-AL-5073. The registration certificate stands in his name and is produced to substantiate his ownership. The petitioner points out that he has never been arrayed as an accused in Crime No.451 of 2023. There is no averment in the FIR or in the final report to the effect that he had any knowledge of, or connivance with, the alleged use of his motorcycle for transporting ganja. He asserts that he is an innocent owner, who has been drawn into hardship solely because his son, now deceased, is alleged to have used the vehicle.

6. The petitioner further states that, after seizure, the vehicle has been kept in the premises of the police station / storage yard in an open condition

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2025 Supreme(Online)(Mad) 70244

IN THE HIGH COURT OF JUDICATURE AT MADRASL. Victoria Gowri, JPackiaraj – AppellantVersusState of Tamil Nadu – RespondentCRL RC(MD)No.1190 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, J
Packiaraj – Appellant
Versus
State of Tamil Nadu – Respondent
CRL RC(MD)No.1190 of 2025