Not Just Registered Owner, But Bonafide Owner Can Also Seek Release Of Vehicle Seized In NDPS Case: J&K High Court

Reaffirming the powers of criminal courts under the NDPS Act, the High Court of Jammu & Kashmir and Ladakh has held that an application for the release of a vehicle seized in a Narcotic Drugs and Psychotropic Substances (NDPS) case can be entertained not just by a registered owner, but also by a bonafide owner whether in the capacity of a purchaser or as an attorney holder as such categories are also covered under the definition of "owner" in law.A bench of Justice Mohammad Yousuf Wani added that courts are competent to consider their applications for interim custody, especially when there is no evidence of their knowledge or connivance in the alleged offence.Justice Wani made this observation while setting aside an order passed by the Principal Sessions Judge, Poonch, which had dismissed the application of petitioner Waqar Younis seeking interim release of his vehicle seized in connection with an NDPS case.Background of the Case:The matter arose from a FIR registered at Police Station Poonch under Sections 8, 21, 22, and 29 of the NDPS Act after heroin was recovered from a vehicle. The petitioner, who was driving the vehicle at the time of seizure, moved an application before the trial court seeking release of the vehicle on the ground that he was a bonafide purchaser. The trial court, however, dismissed the plea citing lack of jurisdiction in view of the Drugs Disposal Committee's powers under Rule 19 of the Central Government Notification GSR 899(E) dated 23.12.2022.Court's Observations:Disagreeing with the trial court, Justice Wani held that the provisions of Sections 60 and 63 of the NDPS Act which deal with confiscation have an overriding effect over the procedural framework laid out by the Drugs Disposal Committee under Section 52-A and the 2022 Notification.The Court categorically held that these statutory provisions do not bar the trial or criminal court from entertaining applications for temporary release of vehicles during the pendency of trial or investigation. On the contrary, Section 497(1) of the BNSS (corresponding to Section 451 of the CrPC) empowers such courts to grant interim custody of vehicles subject to final outcome of the case.The Court further clarified that while the Motor Vehicles Act does impose obligations regarding registration transfer, failure to effect such transfer in official records is not fatal to a bonafide claim of ownership. Thus, interim custody should not be denied merely because the applicant is not the registered owner.“The consideration of a release of the seized vehicle in justified circumstances where a registered or bonafide owner of the vehicle prima facie satisfies the court that the vehicle was involved in the alleged commission of offences under NDPS Act, without his knowledge or connivance or of his agent, appears to be well tenable under law”, remarked Justice Wani. In conclusion, Justice Wani held that the trial court's view that only the Drugs Disposal Committee had authority to deal with the seized vehicle was legally untenable. The Court directed the trial court to rehear Waqar Younis's application on merits and decide it afresh in accordance with law.Case Title: Waqar Younis Vs UT Of J&K Citation: 2025 LiveLaw (JKL) 189Click Here To Read/Download Judgment

Not Just Registered Owner, But Bonafide Owner Can Also Seek Release Of Vehicle Seized In NDPS Case: J&K High Court

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