MAHASHAKTHI ROADWAYS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the claimant-transporter being aggrieved by the order passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, in Crime No.19/2018 and CIS No.1229/2018 dismissing the application filed under Sections 451 and 457 of Cr.P.C. for releasing SF crude oil for interim custody of the transporter.

(2.) I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.

(3.) The gist of the prosecution case is that the petitioner-claimant hired the tanker bearing Regn.No.HR- 37-D.3715 for transporting SF crude oil from the consignor M/s.M.K.Agrotech Private Limited, Srirangapatna to consignee Shri Ganesh Edibles Private Limited, Khanna Amloha Road, Shahpur, Punjab and he loaded the said tanker on 2.10.2018 and dispatched the same from Srirangapatna to proceed towards Punjab. The said vehicle was stopped in transit and when it was checked by the authorities, they found two packets weighing 0.450 grams of opium behind the driver seat. They arrested the driver and seized the said vehicle including the opium and a case has been registered. Thereafter the other proceedings have been taken place. The claimant-petitioner herein filed an application under Sections 451 and 457 of Cr.P.C. before the trial Court to release SF crude oil stored in the vehicle which has been seized by the complainant. The said application came to be rejected. Being aggrieved by the same, the petitioner is before this Court.