New Delhi, October 27, 2025 — The Supreme Court of India on Monday granted the interim custody of a lorry to its owner, which was earlier seized after six kilograms of ganja were allegedly found in the vehicle. The court noted that the vehicle owner had no involvement in the narcotics and that the seizure was impacting his legitimate business.

A bench comprising Justices Vikram Nath and Sandeep Mehta heard the plea challenging the December 2024 order of the Madurai bench of the Madras High Court, which had rejected the vehicle owner’s request for interim custody.

Background of the Case

The case pertains to an incident on July 14, 2024, when the police intercepted the lorry in transit. The vehicle was transporting 29,400 metric tonnes of iron sheets, a valuable consignment. During the search, authorities found:

• 1.5 kilograms of ganja concealed under the driver’s seat.
• 1.5 kilograms each with three other individuals present in the vehicle.

All four individuals were arrested, and an FIR was registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The vehicle owner, who possessed valid commercial documents for the consignment, had no chargesheet filed against him, and there was no evidence suggesting he was aware of or involved in the illicit transport of drugs.

Legal Proceedings

Following the seizure, the owner approached a special court in Thanjavur seeking interim release of the lorry pending trial. His application was dismissed, prompting him to approach the Madras High Court, which also denied the relief, citing the Rules of 2022 under the NDPS Act that assign authority over seized vehicles to the Drug Disposal Committee.

Challenging this interpretation, the vehicle owner approached the Supreme Court, asserting:

• He had no connection with the seized ganja.
• Seizure of the lorry was causing financial and operational hardship.
• The lorry was a valuable commercial asset, critical to his business and reputation.

Supreme Court Verdict

The Supreme Court, after reviewing the facts and the high court’s order, concluded:

• The ownership rights of the owner cannot be extinguished pending trial if he prima facie demonstrates absence of involvement in the contraband.
• The high court’s ruling that the special court was divested of jurisdiction under the Rules of 2022 was unsustainable in law.
• It is highly improbable that the owner would risk both a costly vehicle and a valuable consignment for narcotics trafficking, given the potential legal and commercial consequences.

Interim Custody and Conditions

The bench set aside the Madras High Court order and directed that the lorry be released to the owner on “supurdagi”, a legal mechanism allowing temporary custody, under such terms and conditions as the special court may impose.

The Supreme Court emphasised that confiscation or final adjudication of seized conveyances can only occur after trial concludes, reaffirming the rights of individuals unconnected to the seized contraband.

Key Takeaways

1. Interim Relief Granted: The vehicle owner will regain custody of his lorry pending the conclusion of the NDPS trial.
2. No Evidence Against Owner: The court noted no material suggested his knowledge or involvement in the drug transportation.
3. High Court Order Set Aside: The Supreme Court rejected the interpretation of the Rules of 2022 that restricted the special court’s jurisdiction.
4. Business Considerations: The owner’s bonafides, valid documentation, and commercial stake in the consignment were considered in granting relief.
5. Trial Continues: Final determination of the vehicle’s fate will occur after the trial and investigation into the narcotics case concludes.

The Supreme Court’s decision reinforces the principle that innocent vehicle owners affected by NDPS seizures cannot be unduly deprived of their property, while the legal process against the accused individuals continues.