Seized vehicles and phones may be released on safeguards to prevent deterioration pending trial.

The applicant was arrested following the alleged recovery of 660 grams of charas.

Police also seized a TVS NTORQ 125 scooty, registration no. UK04AC6511, and a mobile phone.

The applicant sought release of both items, but the Special Court (NDPS Act), Nainital, rejected his application on 5 October 2026.

The State submitted that the scooty had been found involved in transporting contraband and that confiscation proceedings had been initiated.

The Court relied on Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, which recognises that prolonged retention of seized vehicles at police stations serves no useful purpose and that courts should order their prompt interim release on appropriate bonds, guarantees, or security to prevent deterioration and depreciation.

No statutory provision was expressly identified in the judgment.

Applying Sunderbhai, the Court concluded that the seized vehicle should not remain in police custody where continued detention risked deterioration and depreciation.

It held that the precedent applied to the circumstances and that release could be balanced against the need to preserve the items for investigation or trial through conditions requiring production when required, prohibiting transfer or creation of third-party interests without court permission, and requiring proper maintenance.

The release was also made conditional on production of the original registration certificate, and was stated not to prejudice the trial.

It directed release to the applicant/registered owner forthwith, subject to adequate bonds and sureties, the specified undertakings, and production of the original registration certificate.