The Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) does not prohibit interim release of vehicles, which are seized for allegedly transporting contraband, under Sections 451 and 457 of the Code of Criminal Procedure, 1973 (CrPC), observed the Supreme Court in Bishwajit Dey v. State of Assam [2025 INSC 32].
The trial Court has discretion to release the vehicle in the interim, in accordance with law in the facts and circumstances of each case,
The Court relied on the case of Sunderbhai Ambala Desai V. State of Gujarat [AIR 2003 SC 638] in arriving at the above decision. The Court cited several precedents such as Sainaba v. State of Kerala and Another.
The Supreme Court further clarified that courts have the jurisdiction to release a vehicle seized in a NDPS Act case, even though previous lower courts had denied it.
The Supreme Court added that Section 51 of the NDPS Act explicitly states that the provisions of the CrPC shall apply to warrants, arrests, searches, and seizures under the NDPS Act, unless there is a specific conflicting provision in the NDPS Act.
In addition, the Supreme Court observed that the seized vehicle is not liable to confiscation if the owner of the seized vehicle can prove that the vehicle was used by the accused person without the owner’s knowledge or connivance and that he had taken all reasonable precautions against such use of the seized vehicle by the accused person.
