Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Main Points and Insights:
Jurisdiction of Courts under Sections 451/457 Cr.P.C. / 497/503 BNSS: Several sources emphasize that the criminal courts retain jurisdiction to order the interim custody, release, or disposal of seized vehicles under Sections 451 and 457 Cr.P.C., now Sections 497 and 503 BNSS, even when the vehicle is seized in NDPS cases or forwarded to the Drug Disposal Committee. ["Medharsha @ Asif vs The State of Tamilnadu - Madras"], ["Kalyani vs The State of Tamilnadu Rep. - Madras"], ["Vetrivel vs The State of Tamilnadu - Madras"], ["Marnadu vs The State of Tamilnadu - Madras"]
Legal Provisions and Safeguards for Owners: Sections 60(3) and 63 of the NDPS Act recognize the owner's rights and do not prohibit the release of vehicles during investigation or trial. The provisions of the Cr.P.C. (Sections 451/457) and BNSS (Sections 497/503) are applicable and intended to regulate interim custody, unless specific statutory provisions or circumstances prevent it. ["Medharsha @ Asif vs The State of Tamilnadu - Madras"], ["Adaikkalaraj vs The State of Tamilnadu - Madras"], ["Vetrivel vs The State of Tamilnadu - Madras"]
Vehicle Seizure and Forwarding to Disposal Committee: The act of forwarding a vehicle to the NDPS Disposal Rules or Committee does not extinguish the jurisdiction of criminal courts to order interim release, especially if the owner demonstrates due diligence or that the vehicle was used without their knowledge or connivance. Courts have repeatedly held that such forwarding does not override the courts' powers under Sections 451/457 Cr.P.C. or Sections 497/503 BNSS. ["Medharsha @ Asif vs The State of Tamilnadu - Madras"], ["Kalyani vs The State of Tamilnadu Rep. - Madras"], ["Vetrivel vs The State of Tamilnadu - Madras"], ["Marnadu vs The State of Tamilnadu - Madras"]
Conditions for Release and Exceptions: Vehicles involved in NDPS offences can be released on bail or interim custody if the owner proves that the vehicle was used without their knowledge or that they exercised due diligence. Conversely, if the vehicle is involved in serious offences like kidnapping or is required for trial purposes, courts may deny interim release. ["Adaikkalaraj vs The State of Tamilnadu - Madras"], ["M.A.Fathima Khan vs The State of Tamilnadu Thro - Madras"], ["Packiaraj vs The State of Tamil Nadu - Madras"]
Case Law and Judicial Interpretation: The Supreme Court and High Courts have clarified that statutes like the NDPS Act do not preclude the application of general criminal procedure provisions, and the purpose of Sections 451/457 Cr.P.C. and Sections 497/503 BNSS is to facilitate the fair and efficient management of seized property during criminal proceedings. The courts have also rejected the argument that seizure or forwarding to disposal authorities automatically bars interim custody. ["Medharsha @ Asif vs The State of Tamilnadu - Madras"], ["Vetrivel vs The State of Tamilnadu - Madras"], ["Marnadu vs The State of Tamilnadu - Madras"], ["Kalyani vs The State of Tamilnadu Rep. - Madras"]
Analysis and Conclusion:
References:
In the high-stakes world of NDPS (Narcotic Drugs and Psychotropic Substances) cases, vehicle owners often face a nightmare when their cars, trucks, or bikes are seized as conveyances used in drug offenses. The burning question arises: In an NDPS case, can a vehicle used as a conveyance be released on a 497 BNSS petition? This post dives deep into the legal landscape, drawing from key judgments and statutory provisions to clarify if and how release is possible.
Seizure under the NDPS Act can cripple livelihoods, as vehicles are often essential for daily work. But Indian courts have consistently held that there's no blanket prohibition on interim release. We'll break it down step by step, with insights from recent rulings. Note: This is general information based on precedents and not specific legal advice. Consult a qualified lawyer for your case.
The NDPS Act, 1985, is a stringent special law aimed at curbing drug trafficking. Section 60 deals with seizure and confiscation of vehicles used to transport narcotic drugs or psychotropic substances. However, it doesn't override general criminal procedure rules for property custody during trials.
Sections 451 and 457 of the CrPC—now Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—apply to seized property, including NDPS vehicles. These empower courts to order interim custody (often called superdari or sapurdari) to prevent undue hardship. Courts recognize that prolonged detention depreciates vehicle value and impacts owners' livelihoods KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - 2024 0 Supreme(Kar) 357.
Key principle: No absolute bar exists under NDPS against releasing conveyances pending trial, especially for innocent owners. As one ruling notes, the mere seizure of a vehicle under the NDPS Act for carrying narcotic substances is not a sufficient ground to deny its release on sapurdari Jagdev Singh VS State Of Punjab - 2020 Supreme(P&H) 1804.
Indian courts, including High Courts and Supreme Court-guided benches, have repeatedly affirmed release possibilities. Here's a look at pivotal cases:
In a landmark view, vehicles used for transporting narcotics can also be released on sapurdari invoking the provision under Section 451 Cr.P.C. (now 497 BNSS). There's no provision under the NDPS Act debarring the release of the vehicle for interim custody, and Section 451 applies unless inconsistent with NDPS Jagdev Singh VS State Of Punjab - 2020 Supreme(P&H) 1804Gurbinder Singh @ Shinder VS State of Punjab - 2016 Supreme(P&H) 1857.
A Division Bench clarified: In the above facts and circumstances, we hold that the vehicle used for transporting the narcotic drugs and psychotropic substances can also be released on sapurdari invoking the provision under Section 451 Cr.P.C. Tej Singh VS State Of Haryana - 2020 Supreme(P&H) 715.
Recent Madras High Court orders (2025) set aside dismissals of 497/503 BNSS petitions, directing fresh applications for vehicle return. One case emphasized: The petitioner is directed to file a fresh petition under Sections 497 and 503 of the BNSS seeking return of vehicle bearing Regn.No.TN-65-H-0050 MOHAMED ABDUL KADER SEYED vs The State Rep. by the Inspector of Police - 2025 Supreme(Online)(Mad) 75716.
Multiple rulings stress Section 60(3) NDPS read with BNSS: This can never be the intent of the statute and the interpretation to this effect would defeat the very purpose behind Section 60(3) of the NDPS Act read with Sections 451 and 457 of CrPC Sections 497 and 503 of BNSS Latha vs The State of Tamil Nadu - 2025 Supreme(Online)(Mad) 8249Balakrishnan vs State Of Tamilnadu Rep By In - 2025 Supreme(Online)(Mad) 75971Annamalai vs State Of Tamilnadu Rep By In - 2025 Supreme(Online)(Mad) 7209Madasamy vs The State of Tamilnadu repr - 2025 Supreme(Online)(Mad) 7419S.Bahardeen vs State Of Tamilnadu Rep By In - 2025 Supreme(Online)(Mad) 76724.
Punjab High Court cases reinforce: Release on superdari if the vehicle depreciates in custody, with confiscation deferred post-trial Manjit Singh VS State of Punjab - 2016 Supreme(P&H) 720. Another quashed a denial order, applying Section 451 CrPC to NDPS seizures Tej Singh VS State Of Haryana - 2020 Supreme(P&H) 715.
In a Tripura case, the court protected innocent owners: Vehicle released to registered owner unaware of misuse, under Sections 60(3) and 63 NDPS Sankar Das, son of late Putul Das VS State of Tripura - 2018 Supreme(Tri) 77.
These precedents Bishwajit Dey VS State of Assam - 2025 1 Supreme 275KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - 2024 0 Supreme(Kar) 357Vijay Kumar VS State of Punjab - 2025 0 Supreme(P&H) 105Mohd. Shafi VS State - 2017 0 Supreme(J&K) 555 show courts exercising discretion liberally, often with conditions like bonds, videography, and production guarantees.
Release isn't automatic but hinges on the owner's proof:
Lack of Knowledge or Connivance: Demonstrate the vehicle was used without your awareness or involvement Bishwajit Dey VS State of Assam - 2025 1 Supreme 275.
Reasonable Precautions Taken: Show due diligence to prevent misuse, e.g., not lending to suspects Bishwajit Dey VS State of Assam - 2025 1 Supreme 275.
Interim Safeguards: Courts impose:
Scenarios favoring release: Stolen vehicles or third-party misuse. Less favorable if owner/agent possessed during offense Bishwajit Dey VS State of Assam - 2025 1 Supreme 275.
As held: where the owner is able to demonstrate that the conveyance was used in violation of the NDPS Act without his knowledge or connivance and that due diligence was exercised, the vehicle cannot be confiscated merely because it was used Madasamy vs The State of Tamilnadu repr - 2025 Supreme(Online)(Mad) 7419.
Release may be denied if:
Owner fails to prove non-involvement or precautions Bishwajit Dey VS State of Assam - 2025 1 Supreme 275.
High risk of reuse in crime, e.g., accused likely to reoffend A.KAILANGIRI vs The State rep by The Inspector of Police - 2026 Supreme(Online)(Mad) 1815.
Early trial stage or gravity of offense influences discretion.
Confiscation follows conviction, not mere seizure Vijay Kumar VS State of Punjab - 2025 0 Supreme(P&H) 105. One dismissal was overturned because NDPS doesn't mandate Drugs Disposal Committee pre-trial under Section 52A A.KAILANGIRI vs The State rep by The Inspector of Police - 2026 Supreme(Online)(Mad) 1815.
If your vehicle is seized in an NDPS case:
File Promptly: Petition under Sections 497/503 BNSS before the trial court or magistrate.
Gather Evidence: Affidavit on ownership, non-involvement, precautions (e.g., FIRs if stolen), income proof showing livelihood need.
Support with Docs: Registration, insurance, photos/videography of vehicle condition.
Seek Conditions: Offer bonds/surety; highlight depreciation risks Manjit Singh VS State of Punjab - 2016 Supreme(P&H) 720.
Appeal if Denied: Approach High Court under Section 482 CrPC/528 BNSS, citing precedents.
Courts balance owner rights with public interest, urging liberal discretion KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - 2024 0 Supreme(Kar) 357.
Yes, Possible: NDPS conveyances can generally be released on 497 BNSS petitions if owners prove innocence and precautions—no absolute bar exists Bishwajit Dey VS State of Assam - 2025 1 Supreme 275.
Court Discretion Key: Interim release prevents hardship, with post-trial confiscation if guilty.
Act Fast: Prolonged custody harms value and livelihood.
In summary, while NDPS is tough, BNSS provisions and judicial wisdom protect blameless owners. Recent 2025 rulings from Madras HC MOHAMED ABDUL KADER SEYED vs The State Rep. by the Inspector of Police - 2025 Supreme(Online)(Mad) 75716Latha vs The State of Tamil Nadu - 2025 Supreme(Online)(Mad) 8249 echo this, directing fresh petitions and upholding due process. For tailored guidance, engage a criminal lawyer specializing in NDPS matters. Stay informed, protect your assets.
References (select judgments):- KAWAL JEET KAUR W/O JANG BAHADUR SINGH VS STATE OF KARNATAKA - 2024 0 Supreme(Kar) 357, Bishwajit Dey VS State of Assam - 2025 1 Supreme 275, Vijay Kumar VS State of Punjab - 2025 0 Supreme(P&H) 105, Mohd. Shafi VS State - 2017 0 Supreme(J&K) 555, Jagdev Singh VS State Of Punjab - 2020 Supreme(P&H) 1804, MOHAMED ABDUL KADER SEYED vs The State Rep. by the Inspector of Police - 2025 Supreme(Online)(Mad) 75716, Gurbinder Singh @ Shinder VS State of Punjab - 2016 Supreme(P&H) 1857, Sankar Das, son of late Putul Das VS State of Tripura - 2018 Supreme(Tri) 77.
#NDPSAct, #VehicleRelease, #BNSS497
6 2025 SCC OnLine 2276 Sections 451 / 457 Cr.P.C., 1973, (497 / 503 BNSS), nor can they override the safeguards for owners under Sections 60(3) and 63 of the NDPS Act. ... The Accused No.1 has been released on bail, but the vehicle remains in station custody. 4.
There is no provision in the NDPS Act which declares that a vehicle, once seized in an NDPS case, cannot be released on interim custody. On the contrary, Sections 60(3) and 63 of the NDPS Act presuppose that the owner retains rights subject to a later judicial determination. ... Neither of these grounds constitutes a legal bar to the exercise of jurisdiction under Sections 451 and 457 Cr.P.C.,1973 / 497 and 503 of the BNSS. On the contrary, those ver....
.10033 of 2025 returning the petition filed under Sections 497 and 503 of the BNSS is set aside. ... The petitioner is directed to file a fresh petition under Sections 497 and 503 of the BNSS seeking return of vehicle bearing Regn.No.TN-65- H-0050. ... It is the case of the petitioner that he filed an application under Sections 497 and 503 of the BNSS in Crl.MP.SR.No.10033 of 2025 seeking return of vehicl....
petition filed by petitioner under Section 503 of BNSS for interim custody of vehicle viz., Mahindra XUV 500, bearing Registration No.TN 55 AM 3388, was rejected on the premise that the subject vehicle was used for kidnapping the victim child and it is required for marking during the trial. ... Before proceeding further, it may be relevant to refer to provisions of Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which reads a....
U/s.497 r/w 503(2) of BNSS, for return of vehicle and set aside the dismissal order dated 04.03.2025. ... This can never be the intent of the statute and the interpretation to this effect would defeat the very purpose behind Section 60(3) of the NDPS Act read with Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS]. 25. ... In other words, where the owner is able to demonstrate that the conveyance was used in violation of the NDPS Act withou....
This can never be the intent of the statute and the interpretation to this effect would defeat the very purpose behind Section 60(3) of the NDPS Act read with Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS]. 25. ... There may be a case where a vehicle was undeniably used for commission of an offence under the Act but the vehicle's owner is in a position to show that it was used for committing the offence only after it was stolen from his possession. ... C....
This can never be the intent of the statute and the interpretation to this effect would defeat the very purpose behind Section 60(3) of the NDPS Act read with Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS]. 25. ... Consequently, the powers under Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS] pertaining to disposal of property pending trial, would certainly apply to proceedings before the Special Court. ... In other words, where the owner is able to demonstrate that the conveya....
This can never be the intent of the statute and the interpretation to this effect would defeat the very purpose behind Section 60(3) of the NDPS Act read with Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS]. 25. ... In other words, where the owner is able to demonstrate that the conveyance was used in violation of the NDPS Act without his knowledge or connivance and that due diligence was exercised, the vehicle cannot be confiscated merely because it was used#HL_....
(Sections 497 and 503 of BNSS). ... The petitioner sought for return of vehicle and the said petition was dismissed by the learned judge on 10.12.2025 on the ground that if the vehicle is released, the accused will commit similar offences and that under Sec.52A of NDPS Act, the vehicle has to be disposed of by the Drugs Disposal Committee ... (Sections 497 and 503 of BNSS) pertaining to disposal of property pending....
This can never be the intent of the statute and the interpretation to this effect would defeat the very purpose behind Section 60(3) of the NDPS Act read with Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS]. 25. ... In other words, where the owner is able to demonstrate that the conveyance was used in violation of the NDPS Act without his knowledge or connivance and that due diligence was exercised, the vehicle cannot be confiscated merely because it was used#HL_....
"In the above facts and circumstances, we hold that the vehicle used for transporting the narcotic drugs and psychotropic substances can also be released on sapurdari invoking the provision under Section 451 Cr.P.C.
The Division Bench held that the vehicle used for transporting the narcotic drugs and psychotropic substances can also be released on sapurdari by invoking the provision under Section 451 of the Cr.P.C. In view of the conflict, reference was made to Division Bench in CRR No.1765 of 2015 titled as Gurbinder Singh @ Shinder Vs. State of Punjab decided on 19.09.2016 reported as 2016 (4) RCR (Crl) 492 . The observations made by the Division Bench in that case are reproduced as under: - In the above facts and circumstances, we hold that the vehicle used for transportin....
In the complaint, it has been alleged that having laid the ambush, the Coy Commander, 48 BN. BSF, had noticed that two persons were approaching towards the ambush. 2. The petitioner herein filed a special petition for releasing the vehicle bearing registration No.TR-01-AT-0341 seized in connection with Khowai P.S. Case No.2017/KHW/128 under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, [the NDPS Act in short].
In the above facts and circumstances, we hold that the vehicle used for transporting the narcotic drugs and psychotropic substances can also be released on sapurdari invoking the provision under Section 451 Cr.P.C.
It is made clear that if the petitioner is found indulged in any other case under the NDPS Act and the vehicle in question is used in the said offence, the petitioner would be debarred to approach the Court for superdari of the vehicle. He has relied upon a judgment of this Court in Criminal Revision No.3686 of 2015 Tarsem Singh @ Sheru v. State of Punjab decided on 7.1.2016. The impugned order dated 23.12.2015 is set aside and the vehicle in question is ordered to be released to the petitioner, on superdari, on his furnishing indemnity bonds/surety bonds of the like amount....
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
