Practice area

Vehicle seizure, confiscation and property forfeiture

Release of seized vehicles, challenges to confiscation, and defence against forfeiture of property under the NDPS Act.

Vehicles used to carry contraband are seized, and in serious cases a person's property can be frozen or forfeited. The NDPS Act has detailed procedures for each, and owners who were not involved in any offence have remedies.

What this work involves

• Interim custody of vehicles, including release to the owner on a bond pending trial
• Confiscation of a conveyance and the owner's right to show that it was used without their knowledge or connivance
• Seized cash and valuables
• Forfeiture of illegally acquired property under the Act's special chapter, including notices, the role of the competent authority, and appeals to the Appellate Tribunal
• Freezing and seizure of bank accounts during investigation
• Financiers and lessors of seized vehicles
• Petitions before the High Court where the procedure is not followed

Frequently asked questions

Can I get my seized vehicle back before the trial ends?

In many cases, yes, by applying to the court for interim custody on conditions.

Can property be forfeited without a conviction?

The Act has provisions for forfeiture of property derived from illicit traffic, with a procedure and a right to be heard. Each case turns on the statute's conditions.

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