Introduction When a vehicle is used to transport contraband, it is seized by the police. Clients are often desperate to get their vehicle released (Interim Custody/Superdari) to prevent it from rusting at the police station.
The Conflict: Section 60 vs. Section 451 CrPC
- Section 60 (NDPS): States that vehicles used for transporting drugs are liable to confiscation.
- Section 451 (CrPC): Allows courts to release seized property on interim custody during trial.
Some lower courts reject vehicle release applications citing Section 60, arguing that the vehicle is “case property” liable for confiscation.
The Legal Position High Courts and the Supreme Court (in Sunderbhai Ambalal Desai) have clarified that keeping vehicles in police stations serves no purpose. The Magistrate has the power to release the vehicle on “Superdari” (Interim Custody) subject to conditions:
- Furnishing a heavy bond/bank guarantee (often equal to the vehicle’s value).
- Undertaking not to sell or modify the vehicle.
- Undertaking to produce the vehicle whenever required by the Court.
Conclusion Vehicle owners should file an application under Section 451 CrPC immediately. Leaving the vehicle to decay serves neither the accused nor the state.
Disclaimer: This article is for academic and informational purposes only and does not constitute legal advice. For specific case inquiries, please consult a legal professional.