Case Note & Summary
The appellant, Denash, is the owner of a lorry bearing registration number TN 52 Q 0315 (Ashok Leyland, 14 wheeler). The vehicle was lawfully hired for transporting 29,400 MT of iron sheets from M/s S.S. Steel and Power, Chhattisgarh to Ashok Steels, Ranipet, Tamil Nadu. The vehicle was assigned to driver Kannan @ Venkatesan (accused No. 1) and three other persons (accused Nos. 2-4). On 14th July 2024, officers of Police Station Neyveli Township intercepted and searched the vehicle. They recovered 1.5 kilograms of Ganja concealed beneath the driver's seat, and an additional 1.5 kilograms each from the personal possession of the other three accused, totaling 6 kilograms of Ganja. The vehicle was seized and a case was registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant, who is not an accused in the case, filed an application before the trial court for interim custody of the vehicle, which was dismissed. He then filed a criminal revision before the Madurai Bench of the Madras High Court, which was also dismissed by judgment dated 20th December 2024. Aggrieved, the appellant approached the Supreme Court by way of special leave. The Supreme Court granted leave and heard the matter. The court noted that the appellant is the owner of the vehicle and is not an accused. The vehicle was hired for lawful transport of iron sheets, and the contraband was recovered from the personal possession of the driver and other occupants, not from the vehicle itself. The court held that the bar under Section 52A of the NDPS Act regarding disposal of seized narcotic drugs does not apply to vehicles. The court allowed the appeal, set aside the High Court's order, and directed the release of the vehicle to the appellant on interim custody on supurdnama, subject to conditions including furnishing a bond, producing the vehicle as and when required, and not alienating or transferring the vehicle.
Headnote
A) Criminal Procedure - Interim Custody of Seized Vehicle - Section 451 Code of Criminal Procedure, 1973 - Section 52A Narcotic Drugs and Psychotropic Substances Act, 1985 - The appellant, owner of a lorry hired for lawful transport of iron sheets, sought interim custody after the vehicle was seized during transit when 6 kg of Ganja was recovered from the driver and other occupants. The High Court rejected the prayer. The Supreme Court allowed the appeal, holding that the owner, who was not an accused and had no knowledge of the contraband, is entitled to interim custody of the vehicle on supurdnama, subject to conditions, as the vehicle was not used for conveyance of the contraband and its continued detention would cause hardship. (Paras 1-6) B) Narcotic Drugs - Interim Custody of Vehicle - Section 52A Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 451 Code of Criminal Procedure, 1973 - The court held that the bar under Section 52A of the NDPS Act regarding disposal of seized narcotic drugs does not apply to vehicles used in the commission of the offence. The vehicle can be released on interim custody to the owner, who is not an accused, pending trial, subject to conditions to ensure its production when required. (Paras 5-6)
Issue of Consideration
Whether the appellant, who is the owner of the vehicle and not an accused, is entitled to interim custody of the vehicle seized in connection with an NDPS case, pending trial.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the release of the vehicle to the appellant on interim custody on supurdnama, subject to conditions including furnishing a bond, producing the vehicle as and when required, and not alienating or transferring the vehicle.
Law Points
- Interim custody of vehicle seized under NDPS Act
- Section 451 CrPC
- Section 52A NDPS Act
- owner not accused
- vehicle not used for conveyance of contraband
- release on supurdnama
