Madras HC Allows NDPS Accused Interim Custody Of Seized Car After Inventory, On ₹5 Lakh Bond

The petitioner, arrayed as A1, sought interim custody under Section 497 BNSS of his Volkswagen car, seized in connection with an NDPS case under Sections 8(c) read with 20(b)(ii)(B) and 25 of the NDPS Act.

The Special Court dismissed his application because the investigation remained pending and the vehicle had been handed over to the Drugs Disposal Committee (DDC) under Section 52A.

The petitioner challenged that order in revision.

Section 497 BNSS empowers a criminal court to make appropriate orders for custody of property pending investigation, inquiry or trial; Sections 498 and 503 BNSS address property at the conclusion of proceedings and property seized but not produced before a criminal court, respectively.

Under Sections 52A and 63 of the NDPS Act, the statutory process permits disposal of specified seized property, but the court trying the offence retains the power to decide confiscation; the DDC cannot independently dispose of a conveyance without the court’s permission.

Relying on Sunderbhai Ambalal Desai v. State of Gujarat ((2002) 10 SCC 283), the Court reiterated that seized vehicles should not be left unused in police custody and may be released against appropriate safeguards.

It also relied on Selvam v. State (2012 (1) MWN (Cr) 288) and R. Manimaran v. State of Tamil Nadu (2026 INSC 946), which recognise the court’s power to order interim release of a vehicle in an NDPS case under the analogous provisions of the BNSS, notwithstanding the disposal rules.

The Special Court’s reliance on the pending investigation and the vehicle’s transfer to the DDC did not, by itself, justify refusing to consider interim custody.

The Court held that prolonged retention could cause the vehicle to deteriorate, and that the court’s statutory role in deciding confiscation was not displaced by the DDC’s involvement under Section 52A.

It therefore directed completion of any pending Section 52A inventory process before release and imposed conditions designed to preserve the vehicle and ensure its production when required.

The petitioner must execute a bond of ₹5,00,000 with two sureties for the like sum, file photographs of all four sides of the vehicle and its original registration certificate, and provide an affidavit undertaking to produce the vehicle as directed.

The DDC must forward the vehicle to the Special Court after completion of the inventory or other Section 52A proceedings, and the Special Court must release it only after the petitioner complies with the conditions.