NDPS Act: All India Annual Digest 2025

Supreme CourtInterim release of vehicles involved in NDPS cases - Four Scenarios of Seizure - The Court identified four scenarios where contraband is seized from a vehicle: (i) Owner or agent is the accused. (ii) Vehicle is stolen by the accused. (iii) Contraband is found with a third-party occupant without the owner's knowledge. The Court held that in the third and fourth scenarios, where the owner is not implicated, the vehicle should normally be released on interim custody with appropriate conditions. The Court rejected the State's argument that vehicles should not be released due to the risk of reuse, noting that such a stance would lead to absurd outcomes, such as seizing private planes or ships used unknowingly in drug trafficking. Keeping the vehicle in police custody would serve no purpose and only lead to its deterioration. Bishwajit Dey v. State of Assam, 2025 LiveLaw (SC) 30 : 2025 INSC 32 : AIR 2025 SC 549 : (2025) 3 SCC 241Interim release of vehicles involved in NDPS cases - No Specific Bar under NDPS Act - Whether a vehicle seized under the NDPS Act can be released to its owner during the pendency of the trial. The appellant owned a truck purchased on an EMI basis, which was his sole source of income. The truck was stopped at a police checkpoint, and 24.8 grams of heroin were found concealed in the vehicle. The main accused was arrested, but the appellant and his driver were not implicated in the crime. The appellant sought the release of the truck, which had been lying unused at the police station, citing natural wear and tear. The High Court dismissed the appellant's petition, leading to the present appeal before the Supreme Court. Appellant relied on Sections 451 and 457 of Cr.P.C. and precedents to argue for the interim release of the vehicle, emphasizing that the appellant was not involved in the crime and that the vehicle was deteriorating in police custody. The State contended that the NDPS Act is a special law that does not permit interim release of vehicles used in drug trafficking, as they are critical evidence and may be reused for illegal activities. Held, the Court found no explicit prohibition in the NDPS Act against the interim release of seized vehicles. Section 51 of the NDPS Act allows the application of Cr.P.C. provisions, including Sections 451 and 457, for the custody and disposal of property. Bishwajit Dey v. State of Assam, 2025 LiveLaw (SC) 30 : 2025 INSC 32 : AIR 2025 SC 549 : (2025) 3 SCC 241Interim release of vehicles involved in NDPS cases - The Supreme Court allowed the appeal and directed the trial court to release the vehicle to the appellant on interim custody under the following conditions: (i) The vehicle must be videographed and photographed, with the inventory authenticated by the Investigating Officer, owner, and accused. (ii) The appellant must furnish an undertaking not to sell or transfer the vehicle until the trial concludes. (iii) The appellant must surrender the vehicle or pay its value if directed by the court after the trial. The Court emphasized that the release of the vehicle would benefit the owner, the financier, and society at large, while ensuring that the vehicle remains available for trial purposes if needed. This judgment clarifies that vehicles seized under the NDPS Act can be released to their owners during the pendency of the trial, provided the owner is not implicated in the crime and appropriate conditions are imposed to safeguard the interests of justice. The decision balances the stringent provisions of the NDPS Act with the practical need to prevent unnecessary hardship to innocent vehicle owners. Bishwajit Dey v. State of Assam, 2025 LiveLaw (SC) 30 : 2025 INSC 32 : AIR 2025 SC 549 : (2025) 3 SCC 241Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 – Held, NDPS Act does not divest the Special Courts under the NDPS Act of their jurisdiction to entertain an application for interim custody or release of a seized conveyance under Section 451 & 457 CrPC - The Rules of 2022, being subordinate legislation, are only supplemental to the scheme of disposal contemplated under the NDPS Act and cannot supersede the provisions of the parent legislation - The Rules are notably silent on the rights of persons whose property (like a conveyance) is affected by the disposal process - A conjoint and holistic reading of Sections 60(3) and 63 of the NDPS Act makes it abundantly clear that the power to determine whether a seized conveyance is liable to confiscation vests in the Special Court, not in any administrative or executive authority such as the DDC- i. Section 60(3) provides a defence to the owner to prove that the conveyance was used without their knowledge or connivance and that they had taken all reasonable precautions; ii. Section 63 mandates that no final order of confiscation can be passed without affording an opportunity of hearing to the person claiming ownership - Mere fact that a vehicle...

NDPS Act: All India Annual Digest 2025

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