Courtroom Chronicles

SUPREME COURT ALLOWS INTERIM CUSTODY OF SEIZED VEHICLE UNDER NDPS ACT

by | Oct 28, 2025

Supreme Court of India judgment on interim release of vehicle seized under NDPS Act 2025.

Supreme Court restores jurisdiction of Special Courts in NDPS cases — Denash v. State of Tamil Nadu (2025).

SUPREME COURT ALLOWS INTERIM CUSTODY OF SEIZED VEHICLE UNDER NDPS ACT

CASE SUMMARY – In Denash vs. State of Tamil Nadu (2025 INSC 1258), the Supreme Court held that the NDPS Rules, 2022 do not override the parent NDPS Act regarding disposal of seized vehicles. Denash, whose lorry was used by drivers to transport Ganja without his knowledge, sought interim custody. The Court ruled that only Special Courts, not the Drug Disposal Committee, can adjudicate such matters under Sections 451 and 457 CrPC (now BNSS). It emphasized protection for innocent owners against confiscation without due process. The appeal was allowed, setting aside the High Court’s order and directing release of the vehicle on conditions.

ASPECTS DETAILS
Case Title Denash vs. State of Tamil Nadu, Criminal Appeal (Arising out of SLP (Crl.) No. 8698 of 2025)
Introduction Appeal against the Madras High Court order denying interim custody (supurdagi) of a seized lorry under the NDPS Act.
Factual Background The appellant’s lorry, transporting 29,400 MT of iron sheets, was intercepted by police, discovering 6 kg of Ganja concealed by the driver and others. The appellant (owner) was not an accused. Both the Special Court and High Court denied interim release citing the NDPS Rules, 2022.
Legal Issues
  1.  Whether Special Courts have jurisdiction to grant interim custody of vehicles seized under the NDPS Act after the 2022 Rules.
  2.  Whether the Drug Disposal Committee exclusively governs disposal and release of seized conveyances.
Applicable Law
  1. NDPS Act, 1985 — Sections 8(c), 20(b)(ii)(B), 25, 29(1), 60, 63.
  2. BNSS (formerly CrPC) Sections 497 & 503.
  3. Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
Analysis The Supreme Court held that the 2022 Rules are subordinate legislation and cannot override the NDPS Act. Confiscation and interim release of vehicles fall under judicial authority of Special Courts, not the Drug Disposal Committee. It reaffirmed that an innocent owner who lacked knowledge or connivance cannot be deprived of property.
Conclusion The Supreme Court set aside the Madras High Court judgment, allowing interim custody of the lorry to the appellant on conditions imposed by the Special Court.
Current Scenario The judgment clarifies the law on interim custody under NDPS Act post-2022 Rules, restoring jurisdiction of Special Courts and safeguarding property rights of bona fide vehicle owners.

 

“Rules cannot override the parent statute; Special Courts retain jurisdiction for interim custody of seized vehicles.”

SOURCE – SUPREME COURT OF INDIA

READ ALSO – BNSS (formerly CrPC) Sections 497 & 503

 

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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