MANISH KUMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The applicant has preferred this petition under Sec. 482 of the CrPC being aggrieved with the order dtd. 8/4/2022 passed by the Special Sessions Judge, NDPS Act, Jashpur (CG), in Crime No.17/2022, whereby, the application preferred by power of attorney holder-Amresh Chandra under Sec. 457 of CrPC seeking Supurdnama of the vehicle seized in commission offence under Sec. 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NPPS Act'), was dismissed.

(3.) Learned counsel for the applicant would submit that the applicant is a registered owner of the vehicle " Artica bearing registration No. U.P. 14-CL-7929 and he has duly executed a power of attorney in favour of Amresh Chandra for releasing the vehicle in interim custody, which was involved in commission of offence punishable under Sec. 20(B) of the NDPS Act. He would further submit that Amresh Chandra has filed an application for interim custody of the vehicle, which has been rejected by the Special Court holding that since the vehicle in question is liable to be confiscated under Sec. 60 of the NDPS Act, therefore, it cannot be directed to be released on interim custody. He would also that the vehicle is standing idle at the concerned Police Station and deteriorating day by day and further, the Special 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.