THIPPESWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and also High Court Government Pleader appearing for the State.

(2.) The factual matrix of the case is that the complainant Mrs. Keerthana T.R., Excise Sub-Inspector-I, Molakalmuru Range registered a case on 13.12.2019 in FIR No.14-2019-20/1409/SIE1/140909 against this petitioner for the offence punishable under Section 20(ii)(B), 25, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act ). The allegation against this petitioner is that on 30.12.2019, as per the instructions of the Deputy Commissioner of Excise, the complainant along with staff based on the credible information, went near Tumakurlahally gate and at about 1.30 p.m., when the suspected vehicles were being checked, this petitioner came riding a motorcycle and on looking to the Excise officials, he became panic and after intercepting his vehicle and searching it, the ganja weighing 2 kgs. was found in the bag, which was being transported for its unauthorized and illegal sale. The vehicle and the narcotic drug were seized by drawing the panchanama and subjected the same for P.F. The case was registered and the police have also, after the investigation, filed the charge sheet. The petitioner was arrested on 13.12.2019 and remanded to Judicial Custody and thereafter on 05.07.2020, the petitioner was enlarged on bail.

(3.) The petitioner being the owner of the vehicle filed an application under Section 457 of Cr.P.C. for interim custody of the said vehicle and vide order dated 27.08.2020, the learned Sessions Judge was pleased to reject the said application on the ground that the petitioner is not entitled for the custody as per Section 60(3) of the NDPS Act. Hence, the present petition is filed invoking Section 482 of Cr.P.C. praying this Court to release the subject matter of the vehicle, which was seized in the said crime.