Haryana High Court sets clear rules for returning vehicles held in criminal probes

The Punjab and Haryana High Court has issued clear guidelines for the release of vehicles seized by the police in criminal cases. Many vehicles often remain in police custody for years, deteriorating and losing value, which prompted the court to step in. The ruling is meant to make the release process faster and more organized, ensuring that vehicle owners are not unfairly burdened while investigations continue.

The case that led to this decision involved Amit Tanwar from Gurugram, who requested the release of a car allegedly used in an assault case. Tanwar filed a petition for “superdari”, a legal term for temporary release of property in police custody. However, his plea was initially rejected by the Gurugram court. The court had noted police objections that the car was part of an ongoing investigation where some accused had not yet been arrested. Challenging this order, Tanwar approached the High Court in September 2025, seeking a fair resolution.

Justice Anoop Chitkara and the bench observed that holding vehicles for long periods does not help investigations. “Keeping a vehicle in police possession for years is not going to serve any purpose,” the court said. Instead, it suggested creating digital evidence by recording a high-quality video of the vehicle and sharing it with victims or witnesses for identification. Digital records can be stored indefinitely, and this method avoids the need to keep vehicles physically locked away for years.

Conditions and process for vehicle release

The High Court made it clear that these guidelines apply only to vehicles that are not required to be confiscated under any law or court order. They do not apply to other types of property. The court highlighted several important concerns, including the depreciation and damage that can occur when vehicles remain in police parking lots. Over time, vehicles can rust, lose roadworthiness, or become impossible to identify. Theft, misidentification, or damage of seized vehicles is also common, which further complicates long-term storage.

The court emphasised fairness, noting that vehicle owners should not suffer simply because an incident involved their vehicle. “If the incident had occurred in a battery-operated rickshaw or a taxi with monthly loan payments, should the owner’s livelihood be put at risk because of the seizure?” the court asked. Similarly, vehicles in private hands should not be indefinitely locked up while some co-accused remain at large. The court stressed that forensic examinations, searches, and digital documentation can preserve evidence without physically holding the vehicle.

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Under the new guidelines, district courts and police authorities are expected to follow specific procedures when considering the release of vehicles:

1. Forensic examination – The vehicle should be examined properly by forensic experts to ensure evidence is documented.

2. Mechanical inspection – An expert should prepare a report about the vehicle’s condition.

3. Digital photographs – High-quality photos must be taken from all angles, including chassis and engine numbers, registration plates, and the claimant’s identity. These images should be uploaded to the official website of the investigating agency.

4. Video recording – A detailed video should capture the entire vehicle, including interior, exterior, engine, and chassis numbers.

5. Affidavit by owner – The vehicle owner must submit a legal declaration confirming that they are the registered owner or lawful purchaser.

6. Registration certificate – The original registration certificate should be returned to the owner, keeping an authenticated copy for records.

7. Hypothecation clearance – If the vehicle is under a loan or finance agreement, the release should not interfere with ownership rights. The owner can sell or transfer the vehicle once conditions are cleared.

8. Modifications allowed – After release, owners may make changes to the vehicle, such as repainting or modifying interiors and exteriors, without restrictions.

The High Court instructed the High Court registry to circulate these guidelines to all district courts so they can ensure uniform implementation. The court also urged the judiciary to consider these conditions while adjudicating future petitions related to vehicle release.

Importance and impact of the ruling

This judgment is significant for several reasons. Firstly, it ensures that vehicles, which are valuable assets for many families, are not left to decay in police custody for years. Secondly, it balances the interests of justice with the rights of vehicle owners. By relying on digital evidence and proper documentation, investigations can proceed without unnecessarily burdening citizens. Thirdly, the ruling clarifies that law enforcement cannot misuse seizure as a punitive measure against owners who may have no role in the crime.

The guidelines also reflect practical considerations. Many vehicles seized by the police are used for daily commuting or are financed through loans. Long-term seizure can affect the owner’s livelihood and financial stability. By providing a clear process, including video documentation, mechanical reports, and forensic examinations, the court ensures that justice is served while protecting individual rights.

Legal experts have welcomed the ruling, noting that it sets an example for other states where vehicles remain in police custody indefinitely. The guidelines also encourage police departments to maintain better records and adopt modern technology for evidence preservation.

In conclusion, the Punjab and Haryana High Court has provided a structured, fair, and practical framework for the release of vehicles seized in criminal cases. While the guidelines respect the needs of ongoing investigations, they also protect vehicle owners from undue hardship. By combining forensic checks, digital documentation, and clear ownership verification, the ruling makes the process transparent, efficient, and fair for all parties involved.