Seeni Haja Mohammed v. State - NDPS Act - Interim Custody Or Release Of Seized Conveyance
Code of Criminal Procedure 1973 - Section 451,457 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 497,503 - Narcotic Drugs and Psychotropic Substances(Seizure, Storage, Sampling and Disposal) Rules, 2022 - Rules of 2022 cannot be interpreted as divesting the Special Courts of their jurisdiction to entertain an application for interim custody or release of a seized conveyance under Sections 451 and 457 of CrPC - The powers of the Court under Section 451 and 457 of CrPC [Section 497 and 503 of BNSS] continue to subsist- The Special Court would exercise the power when its jurisdiction is invoked by an application for interim custody or release of a seized conveyance under Sections 451 and 457 of CrPC [Sections 497 and 503 of BNSS]. (Para 3,4)
Case Info
Case name and neutral citation
- Case name: Seeni Haja Mohammed v. State represented through the Inspector of Police & Anr.
- Neutral citation: Not mentioned in the order (only diary number is given: SLP (Crl) Diary No. 9064/2025).
Coram
- Hon’ble Mr. Justice Pamidighantam Sri Narasimha
- Hon’ble Mr. Justice Alok Aradhe
Judgment / Order date
- 10 February 2026
Caselaws and citations referred
- Denash v. The State of Tamil Nadu, reported as 2025 INSC 1258
- Bishwajit Dey (citation number not stated in the extract, referred as “Bishwajit Dey (supra)”).
Statutes / laws referred
- Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022
- Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
- Code of Criminal Procedure, 1973 (CrPC), Sections 451 and 457
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Sections 497 and 503 (mentioned as corresponding provisions).
Brief summary (three sentences)The Supreme Court recorded that the seized vehicle had already been released pursuant to an earlier order dated 18.12.2025, and therefore found that nothing substantial remained for consideration in the Special Leave Petition. The Court clarified, with reference to Denash v. State of Tamil Nadu (2025 INSC 1258) and Bishwajit Dey, that the 2022 NDPS Disposal Rules do not divest Special Courts of their power under Sections 451 and 457 CrPC (now Sections 497 and 503 BNSS) to order interim custody or release of seized vehicles. While counsel for the petitioner argued that the 2022 Rules were ultra vires, the Court declined to examine that issue since no such challenge had been raised before the High Court, and disposed of the SLP with this clarification.