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Supreme Court of India 2025-10-27 allowed

Denash vs State of Tamil Nadu

Bench: 2 — Vikram Nath, Sandeep Mehta

In Brief

A vehicle owner sought interim release of his seized lorry after narcotics were found on board by employees without his involvement. The vehicle was not engaged in transporting contraband—it was hired for legitimate iron sheet transport. The trial court and High Court rejected his plea, citing 2022 NDPS Disposal Rules that vest exclusive authority in the Drug Disposal Committee. The Supreme Court held that these Rules are procedural supplements to the parent NDPS Act and cannot divest Special Courts of jurisdiction to grant interim custody under CrPC Sections 451–457. Courts retain power to balance property rights of innocent owners against public interest, provided the owner establishes bonafide ownership and absence of knowledge or connivance. The vehicle was ordered released on supurdagi, subject to conditions the Special Court may impose.

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NDPS Act Criminal Procedure Property Rights Administrative Law Subordinate Legislation Vehicle Seizure Interim Custody Drug Disposal

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