Facts Of The Case:
The appellant, Denash, is the owner of a lorry (TN 52 Q 0315) which was lawfully hired to transport iron sheets from Chhattisgarh to Tamil Nadu. On 14th July 2024, during transit, police intercepted the vehicle and recovered a total of 6 kilograms of Ganja. The contraband was found concealed beneath the driver’s seat and in the personal possession of the four individuals (the driver and three others) present in the vehicle. All four were arrested and chargesheeted for offences under the NDPS Act. The appellant, however, was not named as an accused. Seeking interim custody of his seized vehicle, the appellant filed an application before the Special Court, which was dismissed. The Madras High Court upheld this dismissal, ruling that the recently enacted Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 vested exclusive authority in the Drug Disposal Committee for matters of disposal, including interim release. The appellant then appealed to the Supreme Court.
Procedural History:
The procedural history of this case commenced when the appellant, the vehicle owner, filed Criminal Miscellaneous Application No. 5495 of 2024 under Section 451 CrPC (Section 497 BNSS) before the Special Court in Thanjavur, seeking interim custody of his seized lorry. This application was dismissed by the Special Court on 9th September 2024, which held that a vehicle seized under the NDPS Act was liable for confiscation and thus not amenable to interim release. The appellant then challenged this order by filing Criminal Revision Case (MD) No. 1021 of 2024 before the Madurai Bench of the Madras High Court. The High Court, vide its impugned judgment dated 20th December 2024, dismissed the revision, ruling that the 2022 Rules vested exclusive jurisdiction over the disposal of seized conveyances with the Drug Disposal Committee. Subsequently, the appellant approached the Supreme Court by way of a Special Leave Petition (Cri. No. 8698 of 2025), which was granted leave and registered as the present Criminal Appeal.
READ ALSO:Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry
Court Observation:
The Supreme Court made several key observations. It held that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 are subordinate legislation and cannot override the parent NDPS Act. The Court emphasized that the power to decide confiscation under Sections 60(3) and 63 of the NDPS Act vests exclusively with the Special Court, not with an administrative body like the Drug Disposal Committee. It ruled that the statutory scheme mandates a hearing for the owner before confiscation and that the provisions of CrPC/BNSS (Sections 451/457 or 497/503) for interim custody remain applicable to NDPS proceedings. The Court found that the High Court erred in divesting the Special Court of its jurisdiction and, on facts, concluded that the appellant, a bona fide owner not chargesheeted, was entitled to interim release of his vehicle.
Final Decision & Judgement:
The Supreme Court allowed the appeal, setting aside the impugned judgment of the Madras High Court. It held that the Special Court retains the jurisdiction to entertain applications for the interim custody of vehicles seized under the NDPS Act, notwithstanding the 2022 Rules. The Court directed that the appellant’s lorry (Registration No. TN 52 Q 0315) be released to him on supurdagi (interim custody) on such terms and conditions as may be imposed by the Special Court.
Case Details:
Case Title: Denash vs. The State of Tamil Nadu Citation: 2025 INSC 1258 Criminal Appeal No.: (Arising out of SLP (Cri.) No(s).8698 of 2025) Date of Judgement: October 27, 2025 Judges/Justices Name: Justice Vikram Nath and Justice Sandeep Mehta
Download The Judgement Here