Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
Rajeshwari – Appellant
Versus
State of Tamil Nadu, Rep By Inspector of Police, Aranthangi Police Station – Respondent
| Table of Content |
|---|
| 1. request for interim custody due to vehicle seizure. (Para 2 , 3 , 4) |
| 2. conditions for release of the vehicle discussed. (Para 5 , 6) |
| 3. jurisdiction of special court affirmed. (Para 7 , 8) |
| 4. court's decision to allow appeal for vehicle release based on the circumstances. (Para 9 , 10) |
| 5. final decision provides for vehicle condition and release terms. (Para 11) |
ORDER :
Mohammed Shaffiq, J.
Heard Mr.K.Althaf Sheriff, learned Counsel for M/s.Ajmal Associates, for Revision Petitioner and Mr.M.Karunanithi, learned Government Advocate for Respondent.
2. Present Criminal Revision Case has been filed to set aside the order dated 14.07.2025 made in Cr.M.P.No.1416 of 2025 passed by Additional District and Sessions Judge/Presiding Officer, Special Court for E.C. And NDPS Act Cases, Pudukkottai, whereby the petition under Section 497 and 503 of BNSS for interim custody of vehicle viz., Skoda Slavia car bearing Registration No.TN65BB0839 (Chasis No.MEXBPJPB5PG015653, Engine No.DTB168910), was rejected on the premise that case was only at the FIR stage and hence the petition was not maintainable, having been filed at a premature stage.
3. Mr.K.Althaf Sheriff, learned Counsel for Rev
The Special Court has exclusive jurisdiction to grant interim custody of seized vehicles under the NDPS Act, ensuring adherence to principles of natural justice.
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.
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.
Interim custody of a seized vehicle under NDPS is justified if the owner proves no knowledge or involvement in illegal acts, respecting natural justice.
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.
Interim custody of property seized under drug law is granted to uncharged owners unless proven involved, affirming their rights within legal frameworks established.
Car owners, not charged in drug cases, may have vehicles returned unless shown knowledge or involvement in crimes.
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.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
