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Supreme Court of India
NDPS Act

NDPS Act No Bar to Interim Release of Seized Vehicle: Supreme Court Orders Owner's Truck Released

Published: · NyayVidhan

The Supreme Court held that the NDPS Act does not bar the interim return of a seized vehicle, so the trial court may release it under Sections 451 and 457 CrPC read with Section 51 of the Act (paras 22-23). Where the charge-sheet makes no allegation against the owner or his agent, the vehicle should normally be released on superdari against a bond (para 30).

NDPS Act No Bar to Interim Release of Seized Vehicle: Supreme Court Orders Owner's Truck Released

Judgment Intelligence

Petition Allowed
Bishwajit Dey v. The State of Assam
2025 INSC 32
Criminal Appeal No. 87 of 2025 (arising out of Special Leave Petition (Crl.) No. 13370 of 2024); cited as (2025) 3 SCC 241
Court
Supreme Court of India
Date of Decision
7 January 2025
Bench
Justices Sanjay Karol and Manmohan
Relevant Acts & Sections
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 21(b), 36C, 51, 52A, 60, 63; Code of Criminal Procedure, 1973 — Sections 451, 457
Final Outcome

Appeal allowed: the truck to be released on superdari after authenticated video and photographs; the appellant must not sell it before the trial ends and must surrender it or pay its value if directed (para 36).

Read Original Judgment Download PDF View Full Judgment Text

Key holdings

  1. The NDPS Act contains no specific bar on returning a seized vehicle in the interim, pending the criminal case (para 22).
  2. Through Section 51 of the NDPS Act, Sections 451 and 457 CrPC apply; the trial court decides on each case's facts (para 23).
  3. Confiscation comes only at the end of the trial, after a hearing, and not if the owner proves lack of knowledge and reasonable precautions (para 21).
  4. If the owner or his agent was in possession, release may wait; a stolen vehicle or one carrying a third-party occupant's contraband should normally be released (paras 29-30).
  5. The vehicle's value as evidence can be protected by videography, photographs and a bar on its sale (para 28).

Brief Facts

The appellant bought a truck on monthly instalments; according to him it is his only source of income (para 3). On 10 April 2023 police stopped it at a checkpoint and found 24.8 grams of suspected heroin concealed in the tarpaulin at the hood (paras 4-5). Only a third-party occupant was charge-sheeted under Section 21(b) of the NDPS Act; the owner and the driver were not accused (paras 8, 32). The Gauhati High Court dismissed the appellant's challenge to the Additional Sessions Judge's order of 9 October 2023 (para 2). The State contended that the NDPS Act is a complete code without interim release, and that the vehicle was evidence and could be reused (paras 13, 16-17).

Court's Findings

Amid divergent views, and as its earlier decisions were confined to their facts or to the meaning of ‘owner’, the Court went to first principles (paras 19-20). A seized vehicle can be confiscated only after the trial, on hearing claimants, and not if the owner proves use without his knowledge or connivance despite reasonable precautions (para 21). With no specific bar, and in view of Section 51, the trial court has discretion under Sections 451 and 457 CrPC, used on each case's facts (paras 22-23). On the State's reading, a plane, bus or ship carrying a passenger's heroin unknown to its operator would stay seized till the trial ends; courts lean against such absurd results and do not act on mere fear of misuse (paras 24-27). Videography, photographs and a bar on sale meet the evidentiary need (para 28). Release may wait for the reverse burden to be discharged only where the owner or his agent was in possession; for a stolen vehicle or a third-party occupant's contraband it should normally follow, without a rigid formula (paras 29-31). Here only a third-party occupant was accused, so the truck qualified for release, as in Sainaba v. State of Kerala (paras 32-33).

Legal Principle

The NDPS Act does not bar the interim release of a seized conveyance; the trial court may release it under Sections 451 and 457 CrPC read with Section 51 of the Act. Where the charge-sheet makes no allegation against the owner or his agent, the vehicle should normally be released on superdari against a bond (paras 22-23, 30).

Precedents Relied Upon

  1. Sainaba v. State of Kerala 2022 SCC OnLine SC 1784
    Relied Upon Discussed at ¶ 33

    On similar facts, the Supreme Court released a vehicle whose registered owner had not participated in the alleged NDPS offence, on terms to be fixed by the Special Court.

  2. Hatzl v. XL Insurance Co. Ltd. [2009] EWCA Civ 223
    Relied Upon Discussed at ¶ 24

    The more absurd a suggested construction is, the more the court will lean against it.

  3. R (on the application of Noone) v. Governor of HMP Drake Hall [2010] UKSC 30
    Relied Upon Discussed at ¶ 25

    Legislation must be construed to avoid irrational and indefensible results that Parliament could not have intended.

View all precedents (21)
  1. General Insurance Council v. State of Andhra Pradesh (2010) 6 SCC 768
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  2. Gurbinder Singh @ Shinder v. State of Punjab 2016 SCC OnLine P&H 16026
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  3. Tej Singh v. State of Haryana 2020 SCC OnLine P&H 4679
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  4. Shams Tavrej v. Union of India 2023 SCC OnLine All 1154
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  5. Manakram v. State of Madhya Pradesh Crl. Rev. 2421/2021
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  6. Nirmal Singh v. State of Punjab CRR-1208-2018 (O&M)
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  7. Kawal Jeet Kaur v. State of Karnataka 2024:KHC-K:5691
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  8. Bhagirath v. State of Rajasthan 2024:RJ-JD:36868
    Referred To Discussed at ¶ 19

    Listed among decisions in which courts directed the interim release of vehicles in NDPS cases.

  9. Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283
    Referred To Discussed at ¶ 10

    Cited by the appellant's counsel: there is no use keeping seized vehicles at police stations for long; the magistrate should pass orders for their return on bond, guarantee and security.

  10. Bhola Singh @ Ayush Singh v. The State of Bihar Criminal Misc. No. 40912/2016 (Patna High Court)
    Referred To Discussed at ¶ 11

    Cited by the appellant's counsel: a bona fide owner's application for interim custody of the vehicle should not have been rejected, subject to conditions ensuring its production.

  11. Noor Aga v. State of Punjab (2008) 16 SCC 417
    Referred To Discussed at ¶ 13

    Cited by counsel for the State: the NDPS Act is a special enactment and a complete code in itself.

  12. Mukesh Singh v. State (Narcotic Branch of Delhi) (2020) 10 SCC 120
    Referred To Discussed at ¶ 13

    Cited by counsel for the State: the NDPS Act is a special enactment and a complete code in itself.

  13. Directorate of Revenue Intelligence v. Amit Kumar 2016 SCC OnLine Del 6083
    Referred To Discussed at ¶ 13

    Cited by counsel for the State: the NDPS Act is a special enactment and a complete code in itself.

  14. Smt. Narender Kaur v. Arun Sheoran, Intelligence Officer, Narcotics Control Bureau 2000 SCC OnLine Del 502
    Referred To Discussed at ¶ 15

    Cited by counsel for the State: the Delhi High Court held that the NDPS Act by implication excludes interim custody of a conveyance under Section 451 CrPC.

  15. Ganga Hire Purchase Pvt. Ltd. v. State of Punjab (1999) 5 SCC 670
    Referred To Discussed at ¶ 15

    Cited by counsel for the State: 'owner' in Section 60(3) of the NDPS Act means the registered owner of the vehicle.

  16. Union of India v. Dinesh Kumar Verma (2005) 9 SCC 330
    Referred To Discussed at ¶ 15

    Cited by counsel for the State: the release of a vehicle during an NDPS trial was set aside on the facts.

  17. Shajahan v. Inspector of Excise 2019 SCC OnLine Ker 3685
    Referred To Discussed at ¶ 15

    Cited by counsel for the State: the Kerala High Court held that the Magistrate's power under Section 451 CrPC stands denuded by Section 52A of the NDPS Act.

  18. In Re: Moumita Saha 2023 SCC OnLine Cal 1094
    Referred To Discussed at ¶ 15

    Cited by counsel for the State: the Calcutta High Court refused interim custody of a vehicle whose owner was an absconding accused.

Topics: Release of Case Property Confiscation of Vehicles Overriding Effect of Special Statute
NyayVidhan
Court Judgments · 3 min read
Decided: January 7, 2025 Justices Sanjay Karol and Manmohan
PDF

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