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When property such as vehicles, cash, documents, or other articles is seized in connection with an NDPS or criminal case, the owner or a person with a legitimate interest can apply for its release. Aggarwal and Associates files and argues applications for interim custody (superdari) and final release before the Special Court, Sessions Court, and Magistrate Court.
Section 451 CrPC (Section 497 BNSS) — Court may order proper custody of seized property during trial. Section 457 CrPC (Section 503 BNSS) — Covers release or disposal of property seized by police. Section 52A NDPS Act — Governs disposal of seized narcotics and related property.Superdari refers to interim custody of seized property granted by the court to the rightful claimant during trial, subject to conditions. A proper application must establish:
Ownership or lawful interest in the property. That the property is in police or court custody. That release will not affect evidence or trial proceedings. Risk of deterioration, damage, or loss of value.In cases involving vehicles under loan or hypothecation, we represent both owners and financiers to secure rightful custody through court orders.
Apart from vehicles, we handle release of seized cash, electronic devices, documents, and other personal or business property by establishing lawful ownership and lack of nexus with the alleged offence.
Where seized property has no connection with the alleged NDPS recovery or criminal activity, we file applications demonstrating absence of nexus and seek immediate release.
If seizure is without authority or violates mandatory legal procedure, we file writ petitions before the High Court seeking return of the property.
After trial, we ensure that property is returned to the rightful owner in accordance with court orders, especially in cases of acquittal or discharge.