NDPS : Power of Special Court under NDPS Act to grant interim custody of seized vehicle can not be curtailed by Rules

Supreme Court Allows Interim Release of Seized Vehicle under NDPS Act. Apex Court Affirms Special Court's Jurisdiction, Upholds Owner's Rights in Denash v. State of Tamil Nadu

In a significant ruling, the Supreme Court of India has set aside a Madras High Court decision, allowing the interim release of a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case, Denash v. State of Tamil Nadu, centered around the appellant's plea for the return of his lorry, which was used unknowingly to transport contraband by individuals other than the owner. 

The Supreme Court, comprising Justices Vikram Nath and Sandeep Mehta, ruled in favor of the appellant, Denash, who was not charged in connection with the crime. The vehicle, an Ashok Leyland 14-wheeler, was seized after police found 6 kilograms of ganja concealed within. The appellant, who owns the vehicle, had no knowledge or involvement in the illegal activity, a fact that was crucial to the Court's decision.

The Court underscored that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022, do not override the substantive rights under the NDPS Act. The ruling reiterated that the Special Court retains the authority to grant interim custody of seized conveyances, ensuring that the principles of natural justice and procedural fairness are upheld. The Supreme Court emphasized that administrative bodies like the Drug Disposal Committee cannot unilaterally decide on the fate of such property without judicial oversight.

The judgment also highlighted the importance of the NDPS Act's Sections 60 and 63, which provide a framework for the confiscation of property and the rights of claimants. The Court reiterated the necessity of a hearing before confiscation, protecting innocent owners from undue hardship.

This decision reinforces the judiciary's role in safeguarding the rights of vehicle owners, particularly when they are not complicit in the offense. The ruling is expected to have a significant impact on similar cases, ensuring that procedural safeguards are followed and the rights of bona fide claimants are protected.

Bottom Line:

Power of Special Court under NDPS Act to grant interim custody of seized conveyance remains intact and cannot be curtailed by Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.

Statutory provision(s): 

• - Narcotic Drugs and Psychotropic Substances Act, 1985: Sections 60, 63
• - Code of Criminal Procedure: Section 451 (Bharatiya Nagarik Suraksha Sanhita, 2023 Section 497)
• - Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022

Denash v. State of Tamil Nadu, (SC) : Law Finder Doc Id # 2799414