NARAYAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this revision, the applicant is questioning the legality and propriety of the order dtd. 30/9/2022 passed by the Special Judge (NDPS Act), Balodabazar, District Balodabazar Bhatapara in Special Criminal Case No.09/2022, whereby the application filed by the applicant under Sec. 451 CrPC seeking interim custody of the vehicle bearing registration No.CG 04 LJ 1947 has been rejected.

(2.) Learned counsel for the applicant submits that the applicant is a registered owner of the vehicle. He further submits that though the vehicle is liable to be confiscated under Sec. 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'Act of 1985'), yet the provisions contained in Sec. 451 of the CrPC would be applicable and as per the principles of law laid down by the Supreme Court in the matter of Sunderbhai Ambalal Desai vs. State of Gujarat {(2002) 10 SCC 283}, owner of the vehicle would not suffer because of its remaining unused for long period of time. Therefore, he prays to allow the instant revision and set aside the impugned order.

(3.) On the other hand, learned State Counsel while opposing the revision submits that since the consequential proceedings of the seized article are to be made as per the provision prescribed under Sec. 60 of the NDPS Act, therefore, the application for interim custody of the vehicle has rightly been rejected by the Court below.