Courts may grant interim custody of seized vehicles pending NDPS proceedings, subject to stringent safeguards.

The petitioner, the registered owner of a Toyota Glanza car bearing Registration No. TN-69-BS-0705, was arrayed as Accused No.1 in Crime No.94 of 2026 registered by Thalamuthu Nagar Police Station, Thoothukudi District.

The prosecution alleged that the vehicle was used in connection with possession and transportation of 12 grams of hashish oil.

The vehicle was seized and kept in judicial custody while investigation proceeded under Sections 296(b), 132 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Sections 8(c), 20(b)(ii)(A), 25 and 29(1) of the NDPS Act, 1985.

The petitioner sought interim custody, contending that the vehicle was required for his livelihood and that continued exposure to the elements would cause deterioration and diminution in value.

The Judicial Magistrate No.II, Thoothukudi, dismissed the application in Crl.M.P.No.431 of 2026 on 26 March 2026.

The petitioner challenged that order in the present revision.

1. Whether the petitioner, as the registered owner of the seized vehicle, was entitled to interim custody of the vehicle during the pendency of investigation and criminal proceedings?

2. Whether interim custody could be granted subject to conditions, including deposit of money, execution of bond, production of the registration certificate, and preservation of the vehicle for trial and possible confiscation?

The Court exercised its jurisdiction under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to consider interim custody of the seized vehicle.

It applied the principle that the court may entrust custody of case property to the person it considers appropriate without finally adjudicating title, primarily to prevent deterioration and diminution in the property’s value, relying on Krishnan Narayana v. State of Andhra Pradesh, 2026 INSC 748.

The Court further relied on Bishwajit Dey v. State of Assam, 2025 (3) SCC 241, and the cited Madras High Court decisions for the proposition that interim custody may be granted on appropriate terms and conditions, including deposit of a specified amount.

The order was expressly made subject to any confiscation proceedings under Sections 60 and 63 of the NDPS Act, and did not determine the merits of the prosecution or the petitioner’s ultimate liability.

The Court noted that the petitioner was both the registered owner and an accused in the case, and that the alleged occurrence had taken place on 29 January 2026.

Since a substantial part of the investigation was likely to have been completed, continued retention of the vehicle was not considered necessary merely because it had allegedly been used in the offence.

Applying the rule that seized property should not be allowed to deteriorate in police or court custody, the Court held that interim possession could be entrusted to the petitioner while safeguarding the prosecution’s interests through stringent conditions.

These included a monetary deposit, security bond, preservation of the vehicle’s identity and condition, a prohibition against alienation or alteration, an undertaking against illegal use, and an obligation to produce the vehicle whenever required.

The Court also required preparation of a detailed panchnama, photographs, and videography before release to preserve evidentiary material.

Interim custody of the Toyota Glanza car bearing Registration No. TN-69-BS-0705 was directed to be given to the petitioner upon proof of ownership, subject to possible confiscation proceedings.

The release was conditioned upon: (i) deposit of Rs.50,000 before the Judicial Magistrate within fifteen days, to be placed in a fixed deposit until final judgment; (ii) execution of a bond for Rs.1,00,000 with two sureties each for the like sum; (iii) production of the original registration certificate, or prescribed alternative documents if it was held by the finance company; (iv) an undertaking not to use the vehicle for illegal activities; (v) no alienation, encumbrance, or alteration of the vehicle; (vi) production of the vehicle before the trial court whenever required; and (vii) preparation of a panchnama with photographs and videography before handover.