ALI AHMAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Petitioner's vehicle was found involved in commission of offence punishable under Section 20(B) of the of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'NDPS Act') against which he filed application under Section 457 of the Cr.P.C. for interim custody of the vehicle, which was rejected by the Special Judge (NDPS Act), Durg by order dated 30.09.2020 on the ground that the confiscation proceeding has been initiated against the vehicle in question, therefore, the petitioner is not entitled for interim custody of the vehicle, against which this petition under Section 482 of the Cr.P.C. has been filed.

(3.) Mr. H.B. Agrawal, learned Senior Advocate for the petitioner, would submit that the Court below is absolutely unjustified in rejecting the application as no useful purpose will be served by keeping the vehicle in police custody. He relied upon the judgment of the Supreme Court in the matter of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283 and would submit that interim custody can be granted of the vehicle seized for commission of offence under the NDPS Act and the impugned order is liable to be set aside.