Madras HC Orders Scorpio Returned To Registered Owner On ₹30,000 Bank Guarantee In Case Involving 3 Kg Ganja, 755 Kg Banned Tobacco

On 3 July 2026, police allegedly found the petitioner and a co-accused in possession of 3 kg of ganja and 755 kg of banned tobacco products in a Mahindra Scorpio registered to the petitioner.

A case was registered under Section 8(c) read with Section 20(b)(ii)(B) of the NDPS Act, Section 123 of the Bharatiya Nyaya Sanhita, 2023, and Sections 7(1) read with 24(1) of the COTPA Act, 2003.

The petitioner sought interim custody of the vehicle, asserting that he was its owner and that it had been misused by its driver; the Special Court dismissed the application on 25 September 2026.

He challenged that order in revision, relying, inter alia, on Sections 497 and 503 of the BNSS and Sunderbhai Ambalal Desai.

Section 497 of the BNSS empowers a criminal court to make appropriate orders for the custody of property produced before it during an inquiry or trial; Section 503 provides for a Magistrate’s orders concerning property seized by police but not produced before a criminal court.

Applying Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638, the Court stated that seized vehicles should not be left unused for prolonged periods and may be released on appropriate bonds, guarantees, or security to ensure their production when required.

The Court also referred to decisions of the Allahabad High Court concerning release of vehicles despite pending confiscation proceedings.

The Court found that the petitioner’s ownership of the vehicle was undisputed and that neither the State nor another person claimed ownership.

It considered continued storage in an open yard likely to damage the vehicle, serving no useful purpose, and held that the Special Court had not properly exercised its powers under Section 497 of the BNSS.

In light of Sunderbhai Ambalal Desai and the availability of conditions securing the vehicle’s future production and preservation, the refusal to release it was not sustainable.

It directed release of the Mahindra Scorpio to the petitioner forthwith upon his furnishing a bank guarantee of ₹30,000 and executing a bond to produce the vehicle whenever required and not to make any changes or variations to it.

No order as to costs was made.