RAJENDRA PRASAD SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Being aggrieved by the order dtd. 8/2/2022 passed by the Special Judge, (NDPS Act), Jashpur in Criminal Case No.9/2022 whereby the application preferred by the applicant seeking interim custody of the vehicle i.e. Omni Maruti Car bearing registration No.CG-15/CS-1906 on Supurdnama has been dismissed, the applicant has preferred the present petition.

(2.) Learned counsel for the applicant would submit that on receiving secret information by the Police of Police Station Tapkara that in an Omni Car, contraband Ganja was being transported, the police intercepted the said vehicle and seized it and one person namely, Prasanna Das has been arrested.

(3.) Learned counsel for the Applicant further submits that the applicant is the registered owner of the said vehicle and the trial Court has rejected the application in an arbitrary manner contrary to the principles laid down in the matter of Sunderbhai Ambalal Desai vs. State of Gujarat {(2002) 10 SCC 283}, therefore, the order impugned may be set aside and application for custody of the said vehicle may be allowed.