NDPS case: SC grants interim custody of seized vehicle to its owner

NDPS case: SC grants interim custody of seized vehicle to its owner

New Delhi, The Supreme Court on Monday granted the interim custody of a lorry, from which six kilograms of 'ganja' was allegedly seized, to its owner while noting the absence of his involvement in the drugs being carried in the vehicle.

NDPS case: SC grants interim custody of seized vehicle to its owner

A bench of Justices Vikram Nath and Sandeep Mehta said the owner of the vehicle had the valid documents and the lorry was commercially engaged in transporting a valuable consignment of 29,400 MT of iron sheets.

"It is highly improbable to believe that he would risk both the costly vehicle and the high value consigned goods and his business goodwill by knowingly allowing narcotics to be transported along with the cargo," the bench said.

It said though four accused were chargesheeted in the case, the vehicle owner was not arraigned as an accused and the chargesheet contained no material suggesting that he had knowledge of or connived in the offence.

The top court delivered its verdict on a plea challenging a December last year order of the Madurai bench of the Madras High Court.

The high court had rejected the prayer of the vehicle's owner for interim custody of his lorry.

The apex court noted that driver and three others were in transit on July 14, 2024 when the police intercepted and searched the vehicle.

The bench said 1.5 kilograms of 'ganja' was found concealed beneath the driver seat and an additional 1.5 kilograms each was recovered from personal possession of the other three accused.

It noted all four accused present in the vehicle were arrested and an FIR was registered for the alleged offences punishable under the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985.

The bench said being aggrieved by the continued seizure of his valuable transport vehicle, the owner moved an application before a special court in Thanjavur seeking interim release of the seized vehicle pending conclusion of trial.

His application was dismissed after which he approached the high court.

Referring to a recent apex court verdict, the bench noted that confiscation or otherwise of a conveyance is to be determined finally only upon conclusion of the trial, and until such adjudication, the ownership rights of the owner who prima facie establishes that he is unconnected with the seized contraband, from claiming the seized vehicle cannot be extinguished.

"Hence, we are of the considered view that the interpretation given by the high court, holding that pursuant to the promulgation of the Rules of 2022, all other forums, including the special court, are divested of the jurisdiction to decide the fate of a seized conveyance under the NDPS Act and that the aggrieved person must necessarily approach the Drug Disposal Committee, is unsustainable in the eyes of law," it said.

The bench said it would be expedient in the interest of justice to grant interim custody of the vehicle to the appellant, as the overall circumstances clearly indicate his bonafides and absence of any involvement in the drugs being carried in the vehicle.

While allowing the appeal, the bench set aside the high court order.

"The vehicle... shall be released on 'supurdagi' to the appellant on such terms and conditions, which the special court may impose," it said.

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