Supreme Court Upholds Special Courts’ Power to Release Vehicles Seized under NDPS Act:

Supreme Court Upholds Special Courts’ Power to Release Vehicles Seized under NDPS Act The appellant, Denash, owned a lorry used to transport 29,400 MT of iron sheets from Chhattisgarh to Tamil Nadu. During transit, police seized 6 kg of ganja concealed by the driver and crew. Though the appellant was not chargesheeted, his vehicle remained confiscated. The Special Court at Thanjavur and the Madurai Bench of the Madras High Court both rejected his plea for interim custody, holding that only the Drug Disposal Committee under the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022 could decide such matters. The appellant, relying on Bishwajit Dey v. State of Assam, argued that courts retain discretion to release seized vehicles. The State contended that the 2022 Rules gave exclusive power to the Drug Disposal Committee, and the High Court’s view should be upheld. Issue Raised: Whether Special Courts retain jurisdiction under Sections 451 and 457 CrPC (497 and 503 BNSS) to grant interim custody of vehicles seized under the NDPS Act despite the 2022 Rules. SC Held: The Court ruled that the 2022 Rules are subordinate legislation and cannot override the parent statute. Sections 60 and 63 NDPS Act confer confiscation powers exclusively on the Special Court, which must observe natural justice and hear owners claiming innocence. The Rules merely prescribe a disposal mechanism; they do not empower administrative bodies like the Drug Disposal Committee to decide ownership or interim release. The Court held that confiscation can occur only after trial, and interim custody must be considered judicially where ownership and bona fides are established. Reliance was placed on Tarun Kumar Majhi v. State of West Bengal to explain that innocent owners cannot be deprived of their vehicles without due process of law and a hearing. The Supreme Court set aside the High Court judgment and directed the release of the lorry to the appellant, subject to terms fixed by the Special Court. To Read the Full Judgment, Download the PDF Given Below.