Supreme Court mandates notice to owner before releasing seized vehicles under NDPS Act

This case concerns the release of a lorry seized under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after the accused were acquitted of drug trafficking charges. The core issue is the correct legal procedure for disposing of or releasing seized vehicles, specifically whether the Drug Disposal Committee (DDC) or the Trial Court has the authority to order release.

Appellant: R Manimaran (owner of the vehicle); Respondent: State of Tamil Nadu; Bench: Justices J.B. Pardiwala and K. Vinod Chandran.

• The Supreme Court allowed the Criminal Appeal and set aside the High Court's judgment and the Trial Court's order rejecting the release of the vehicle.
• The Court ordered the immediate release of the lorry (Registration No. TN-57-AQ-2165) to the Appellant.
• The Court held that the power to confiscate a vehicle under Section 63(1) of the NDPS Act lies with the Court trying the offence, not the DDC.
• The Court clarified that the DDC cannot independently dispose of a vehicle by sale or auction pending criminal proceedings without proper orders from the Court.
• The Court ruled that if the owner does not seek custody, the Investigating Officer may move the Court to refer the vehicle to the DDC, but only after the Court issues notice to the owner and affords an opportunity of hearing.
• The Court affirmed that Sections 451 and 457 of the CrPC (or analogous BNSS provisions) can be invoked in NDPS cases for the return of seized vehicles.

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