Vehicles seized under the NDPS Act should be released to the lawful owner if they are not an accused, to prevent the vehicle from wasting away in police custody, subject to security and undertakings.

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “….to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring that the inaction of the respondents in not considering the claim of petitioner for release the petitioner vehicle Pulsar 125 Ebony Black Solar Red vehicle bearing No.TS-15-EW-7879 which is seized in COR No.82/2025 dated 07/08/2025 of SHO, Prohibition and Excise Station, Andole, Sangareddy District is illegal, arbitrary and unjust and consequential with a consequential direction to 2nd and 3rd respondents to consider the claim for petitioner for release Pulsar 125 Ebony Black Solar Red vehicle bearing No.TS15EW7879 which is seized in COR No.82/2025 dated 07/08/2025 of SHO, Prohibition and Excise Station, Andole, Sangareddy District in the interest of Justice.…”

Heard learned counsel for the petitioner; Sri M.Arun Kumar, learned Assistant Government Pleader for Excise appearing for respondent Nos.1 and 2 and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent No.3 and with their consent, this writ petition is being taken up for disposal at the admission stage.

Learned counsel for the petitioner would submit that the petitioner is the absolute owner of vehicle bearing registration No.TS 15 EW 7879. On 07.08.2025 at 06:38 hours respondent No.3 registered a case in COR No.82 of 2025 under Section 8(C) r/w 20(b)(ii)(A) of NDPS Act, 1985 , alleging illegal transportation of Dry Ganja. It is further submitted that the petitioner is not an accused in the above case and there is no fault on him and the above said vehicle has been seized and lying in the premises of respondent No.3. Subsequently, the petitioner made representations before respondent No.2 requesting to release the said vehicle, but no action has been taken on the said representations. Learned counsel for the petitioner further submits that due to seizure and detention of the vehicle, the petitioner is facing much hardship and inconvenience in attending his day-to-day life necessities and seeks a direction to respondents to forthwith release the said vehicle.

Learned Assistant Government Pleader for Prohibition and Excise appearing for the respondents would submit that as seen at Column Nos.12 and 13 of the crime and occurrence report, the petitioner is a pancha claiming ownership of the vehicle. The petitioner is arrayed as one of the panchas therefore it cannot be stated that the petitioner is not having knowledge about the said crime, hence after seizing the vehicle, the case details would be submitted to the trial Court, therefore at this stage the vehicle of the petitioner cannot be released.

The said vehicle was seized in COR No.82 of 2025 dated 07.08.2025 on the file of respondent No.3 under Sections 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985 . According to crime and occurrence report, at Column Nos.12 and 13, the petitioner is one of the panchas which would not mean that the petitioner is involved in the said crime.

The Hon’ble Supreme Court in Bishwajit Dey v. State of Assam in Criminal Appeal No.87 of 2025 arising out of SLP (Crl.) No.13370 of 2024 categorically held as follows:

“34. This Court is also of the view that if the Vehicle in the present case is allowed to be kept in the custody of police till the trial is over, it will serve no purpose. This Court takes judicial notice that vehicles in police custody are stored in the open. Consequently, if the Vehicle is not released during the trial, it will be wasted and suffering the vagaries of the weather, its value will only reduce.”

The Hon’ble Supreme Court in Denash v. State of Tamil nadu arising out of SLP (Crl.)No(s).8698 of 2025 categorically held as follows:

“34. Although, on a superficial reading, the present case might appear to fall within the second scenario delineated in Bishwajit Dey (sup