In a significant decision, the Supreme Court has granted the interim custody of a lorry to its owner, which was previously seized in connection with a case under the Narcotic Drugs and Psychotropic Substance (NDPS) Act. The lorry was found to be carrying six kilograms of ‘ganja’ (cannabis).
The bench, comprising Justices Vikram Nath and Sandeep Mehta, noted that the owner possessed valid documentation for the vehicle and that the lorry was actively involved in commercial transportation, carrying a consignment of 29,400 MT of iron sheets. The court found it highly unlikely that the owner would jeopardize his valuable vehicle, business reputation, and consignment by knowingly allowing narcotics to be transported alongside the cargo.
The court highlighted that while four individuals were charged in the case, the vehicle owner was not named as an accused. The chargesheet presented no evidence suggesting the owner’s knowledge or involvement in the alleged offense.
This ruling overturns a previous order from the Madurai bench of the Madras High Court, which had denied the owner’s plea for interim custody of the lorry.
The Supreme Court observed that the driver and three other individuals were apprehended when the vehicle was intercepted on July 14, 2024. During the search, 1.5 kilograms of ‘ganja’ were discovered concealed under the driver’s seat, with an additional 1.5 kilograms found with each of the other three occupants. All four were arrested, leading to the registration of an FIR under the NDPS Act, 1985.
The owner had initially approached a special court in Thanjavur seeking the release of his seized vehicle pending the trial, but his application was dismissed. Subsequently, he appealed to the High Court, which also rejected his plea.
Citing a recent Supreme Court verdict, the bench stated that the final decision regarding the confiscation of a conveyance should only be made after the trial concludes. Until then, the ownership rights of an owner who can establish their disconnect from the seized contraband cannot be extinguished.
The Court found the High Court’s interpretation, suggesting that all forums except the Drug Disposal Committee lacked jurisdiction over seized conveyances under the NDPS Act following the 2022 Rules, to be legally unsustainable.
The Supreme Court concluded that granting interim custody of the vehicle to the owner would be in the interest of justice, given the clear evidence of his good faith and lack of involvement in the drug-related offense. Consequently, the High Court’s order was set aside, and the vehicle is to be released to the owner under conditions set by the special court.