#interim custody of vehicle

The Karnataka High Court ruled that prolonged detention of a vehicle seized in a fraud case violates property rights under CrPC 451 and 457 if it is not essential to the prosecution’s evidence. Citing the Supreme Court’s precedent in Perichi Gounder, the court held that such assets can be released on bond to prevent irreparable loss, setting a critical precedent for economic offence defendants whose property is held without necessity.

Telangana High Court rules that an innocent vehicle owner, not accused under the NDPS Act, must be granted interim custody of their seized vehicle under Section 457 of the CrPC, subject to bond conditions. The ruling reinforces the right to property and limits arbitrary seizures in contraband cases.

The Andhra Pradesh High Court has ruled that a seized vehicle involved in a criminal case may be released to the owner on bond and undertaking, provided its evidentiary value is preserved through video documentation and strict conditions. This sets a precedent for balancing property rights with prosecutorial needs in traffic-related offenses under the new BNSS framework, affecting police procedure and accused persons’ access to essential assets during trial.

Madurai High Court allows interim return of a seized sand transport vehicle to its owner, imposing stringent conditions-Rs. 50,000 deposit, Rs. 8 lakh bond, and monthly court production-to balance property rights with prevention of re-offending. The ruling sets a precedent for conditional custody under BNSS Section 497, emphasizing judicial discretion over rigid seizure policies.

The Bombay High Court has ruled that mere ownership of a vehicle seized under the NDPS Act does not entitle the owner to its release. To reclaim the conveyance, the owner must affirmatively demonstrate they had no knowledge of or involvement in its use for narcotic transportation, reinforcing the statutory burden under Section 60(3). This sets a critical precedent for property owners facing confiscation in drug-related cases across Maharashtra.

High Court of Telangana holds that interim custody of a vehicle under BNSS Section 503 cannot be denied merely because the charge sheet is not filed. Key precedent for vehicle owners in NDPS cases.