A lorry owner's vehicle was seized when contraband was found in it during transit. Four accused persons were prosecuted — and all four were acquitted. The trial court even directed that the lorry be returned to its owner once the appeal period lapsed. Yet when the owner approached the trial court after the appeal period, his claim was rejected — because the police had separately moved to refer the vehicle to the Drug Disposal Committee (DDC) for disposal. The Supreme Court has now firmly corrected this.

What the Court Held

Under Section 63 of the NDPS Act, 1985, the power to confiscate a vehicle seized in an NDPS case vests exclusively in the court trying the offence. A Drug Disposal Committee (DDC) constituted under Section 52A of the NDPS Act cannot independently proceed to dispose of a seized vehicle without orders from the trial court.

The Court stated: "Statutorily the power of confiscation is on the Court, trying the offence."

The Supreme Court directed immediate release of the lorry to its owner.

Notice to Owner is Mandatory

The Court also clarified that before any disposal of a seized vehicle under NDPS, notice to the owner is mandatory. A vehicle owner who was not even accused in the case cannot have their property disposed of without being heard. The principles of natural justice — hear the other side — apply fully to such proceedings.

Innocent Vehicle Owners — Your Rights

If your vehicle was seized in an NDPS case where you are not the accused — or even if you are an accused who was acquitted — the vehicle cannot be disposed of by a Drug Disposal Committee without a confiscation order from the trial court. You must receive notice before any disposal proceeding, and you have the right to be heard and to seek return of your vehicle from the court.

Practical Guidance

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If your vehicle was seized in an NDPS case and the accused were acquitted — approach the trial court with the acquittal order and apply for return of the vehicle. The trial court's direction for return must be followed.

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If a DDC proceeding has started without your knowledge — file an application before the trial court asserting your ownership and the court's exclusive power to order confiscation. Seek a stay of any DDC disposal proceeding.

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If you did not receive notice before the DDC initiated disposal proceedings against your vehicle — challenge the proceedings before the High Court on the ground that natural justice was violated. Notice to the owner is mandatory.

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As a vehicle owner who hires out your vehicle: ensure your hire agreements contain clauses about what happens if the vehicle is seized, and maintain records of what your vehicle was contracted to carry. These are important for establishing innocent ownership before the court.

Case Reference
R Manimaran v. State of Tamil Nadu | 2026 LiveLaw (SC) 890 | Hon'ble Justice J.B. Pardiwala & Hon'ble Justice K. Vinod Chandran | September 3, 2026 | Hon'ble Supreme Court of India

Frequently Asked Questions

Questions people commonly search on this topic

Can a Drug Disposal Committee dispose of a vehicle seized in NDPS case without court order? +
No. The Supreme Court has held that the power to confiscate a vehicle seized under the NDPS Act vests exclusively in the court trying the offence under Section 63 of the Act. A Drug Disposal Committee cannot independently dispose of a seized vehicle without the trial court's order.
Can my vehicle be confiscated even if I was acquitted in an NDPS case? +
Not without a specific confiscation order from the trial court. If you were acquitted, the trial court should direct return of the vehicle once the appeal period lapses. If the vehicle is still not returned, approach the trial court with the acquittal order and apply for its return.
What is a Drug Disposal Committee under NDPS Act? +
A Drug Disposal Committee (DDC) is constituted under Section 52A of the NDPS Act and the NDPS (Seizure, Storage, Sampling, and Disposal) Rules 2022. DDCs handle disposal of seized narcotic drugs and psychotropic substances. However, the Supreme Court has held that their powers do not extend to independently disposing of seized vehicles without the trial court's confiscation order.
What is Section 63 of the NDPS Act? +
Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 empowers the court trying the NDPS offence to order confiscation of any property used in connection with the offence, including vehicles. This power is exclusive to the court — no other body including the DDC can order confiscation.