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R Manimaran v. State of Tamil Nadu

Criminal Appeal · 2026 INSC 946Decided 24 Aug 2026
Crl.A. No.-004183-004183 - 2026 (arising from SLP(Crl) No.18633/2025)
Justice J.B. Pardiwala · Justice K. Vinod Chandran

Background

The appellant's lorry was seized after ganja was allegedly recovered from it, and the occupants were charged under the NDPS Act. The trial ended in acquittal of all accused due to multiple procedural lapses in the investigation, and the trial court directed release of the lorry to its owner after the appeal period lapsed. The appellant's later application for release of the vehicle was rejected by the Trial Court and the High Court, both holding that release had to go through a Drug Disposal Committee (DDC) process instead.

Decision Breakdown

The Supreme Court clarified that the power to confiscate a vehicle under Section 63 of the NDPS Act rests with the trial Court, not the DDC, which can only dispose of a vehicle with the Court's specific permission after a hearing. It held that ordinary CrPC provisions for release of seized property (Sections 451/457) can also be invoked in NDPS cases to prevent vehicles from deteriorating in custody. Given the weak, doubtful prosecution case that led to acquittal, the Court found the Trial Court's original order releasing the vehicle was correct and restored it, setting aside the High Court's ruling.

Lesson Learnt

A vehicle seized in a narcotics case is not automatically forfeited just because the accused is acquitted or the case remains pending. Courts, not administrative disposal committees, retain the final authority over the fate of seized property, and owners can seek its release through the trial court.

Official source (sci.gov.in)View Judgment (PDF)

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