Vehicle seized under NDPS Act should not be kept idle in open yard, leading to its deterioration

Madras High Court Orders Release of Seized Vehicle, Citing Violations of Natural Justice Court Emphasizes Rights Under Constitution and Prompt Disposal of Property, Directs Release with Conditions

In a significant ruling, the Madras High Court, Madurai Bench, has directed the release of a vehicle seized under the Narcotic Drugs and Psychotropic Substances Act, 1985, highlighting violations of natural justice and fundamental rights. The judgment, delivered by Justice Shamim Ahmed on November 6, 2025, orders the release of the vehicle, a Yamaha MT15, which was seized by the police on allegations of transporting 1.45 kgs of Ganja.

The case, Kamatchi v. State of Tamil Nadu, revolved around the ownership and custody of the vehicle, which the petitioner, Kamatchi, claimed was her primary source of livelihood. The trial court had earlier denied the release of the vehicle, leading to financial and mental distress for Kamatchi, who asserted that the vehicle was misused by others without her knowledge.

Justice Ahmed, referencing the Supreme Court's decision in Sunderbhai Ambalal Desai v. State of Gujarat, emphasized the importance of not letting seized vehicles deteriorate in police custody and stressed the need for prompt judicial action. The judgment highlighted that keeping the vehicle idle violated principles of natural justice and fundamental rights under Articles 19, 20, and 21 of the Indian Constitution.

Further, the court pointed to Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which mandate the proper custody and timely disposal of property involved in criminal proceedings. The failure to exercise these powers by the trial court was noted as a significant oversight.

The High Court ordered the immediate release of the vehicle to Kamatchi, subject to her furnishing a bank guarantee of ?25,000 and a bond ensuring the vehicle's production whenever required. This decision underscores the judiciary's role in protecting individual rights and ensuring procedural fairness in criminal justice processes.

The ruling serves as a reminder of the judiciary's duty to uphold constitutional rights and prevent undue hardship caused by bureaucratic delays, reinforcing the importance of speedy and fair disposal of property in criminal cases.

Bottom Line:

Vehicle seized under NDPS Act should not be kept idle in open yard, leading to its deterioration. Owner may be allowed to use the property subject to proper conditions, including bond and bank guarantee.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8(c), 20(b)(ii)(B), 25; Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 497, 503; Constitution of India, 1950 Articles 19, 20, 21

Kamatchi v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2805128