Supreme Court: What procedure the court should follow while deciding application for release of vehicle at interim stage in NDPS offence?

Therein the learned judges also contemplated four scenarios in which contraband is seized from a vehicle. The first of which was the owner itself being in possession of the vehicle and the drugs; then, the owner's driver or cleaner, thus his agents being in possession; third, if the vehicle had been stolen and; last, when a third party in the vehicle is found in possession. It was held that in the first two scenarios, the owner of the vehicle and/or his agent would necessarily be arrayed as an Accused and in the third and fourth scenario, the owner of the vehicle and his agent would not be arrayed as an Accused. It was also held that, in the first two scenarios, it may not be proper for the Court to release the vehicle on interim custody, while in the last two scenarios, it could be done. We have to immediately notice that the said declaration applied only to interim custody and not to the final release of the vehicle. {Para 9}

13. It cannot be forgotten that the vehicle kept in the custody of the Police or the Court, during the pendency of the trial, may deteriorate and become unusable in the long run. It is hence the finding of this Court in Biswajit Dey   MANU/SC/0035/2025 : 2025:INSC:32 : (2025) 3 SCC 241 that the provisions of Sections 451 and 457 of the Code of Criminal Procedure (or the analogous provisions of the BNSS) can be invoked even in NDPS cases.

14. However, if none appears to seek custody of the vehicle, then to avoid wastage of a valuable asset, the I.O. may move the Court, if the owner does not approach the Court for interim custody, to refer it for disposal before the DDC. In that circumstance necessarily the Court has to issue notice to the owner of the vehicle and afford an opportunity of hearing before such reference is made. Even if the reference is made after giving an opportunity for hearing, the DDC also has to hear the owner before the asset, in the form of a vehicle, is sold in public auction. On such sale being carried out, the amount received shall be deposited before the Jurisdictional Court, since the procedure delineated for disposal does not include confiscation. Statutorily the power of confiscation is on the Court, trying the offence.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4183 of 2026

Decided On: 24.08.2026

R. Manimaran Vs. State of Tamil Nadu

Hon'ble Judges/Coram:

J.B. Pardiwala and K. Vinod Chandran, JJ.

Citation: 2026 INSC 946,MANU/SC/0983/2026.

Read full judgment here: Click here.

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