KAWAL JEET KAUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/RC holder of the vehicle under Sec. 482 of Cr.P.C. for setting aside the order passed by the Prl. District and Sessions Judge, Vijayapura dtd. 10/7/2024 in Crl.Misc. No.981/2024, having dismissed the application under Sec. 457 of Cr.P.C. and release the vehicle, which was seized by the Excise Range Office in Crime No.105/2023- 24/1006IE/100606 for offences punishable under Ss. 15(c), 18(c), 20(b)(ii)(B), 25, 61, 8(b), 8(c) of NDPS Act.

(2.) Heard the arguments of learned counsel for the petitioner and learned HCGP for the State.

(3.) The case of the prosecution is that the petitioner is the owner of the goods container vehicle bearing registration No.RJ-14/GG-4191 and he is engaged in the profession of transportation of goods from different parts of the country and the vehicle in question was hired by the Royal India Roadways for transportation of garments. Accordingly, garments were sent along with 12 invoices from Ludhiana, Panjab to Tripura and Coimbatore, Tamil Nadu. When the vehicle was passing near the jurisdiction of Shiradon check post, the vehicle was intercepted and on verification, the Excise Inspector found 10 plastic bags kept below the seat of the driver, which contained opium and Ganja, which was seized and an FIR was registered against the driver of the vehicle. The vehicle along with the Narcotic Drugs was seized and the matter was under investigation. The driver/accused was remanded to judicial custody. Later on, the accused was enlarged on bail by the Trial Court. The petitioner being the RC holder of the vehicle filed an application under Sec. 457 of Cr.P.C. before the Special Court for interim custody of the vehicle, which came to be rejected. He filed another application before the Drugs Disposal Committee(DCC), they have also given endorsement seeking clarification from the Commissioner of Excise, Bangalore. Therefore, the petitioner is before this Court.