MOHAN KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is filed under Sec. 454 of Code of Criminal Procedure, against the judgment dtd. 28/12/2021 passed by the Special Judge, Dhamtari (C.G.) in Special Criminal Case (NDPS Act) No. 150/2018 wherein, the Special Court has acquitted the accused/appellant of the charge under Sec. 20 (b) (ii) (C) of NDPS Act while directing to confiscate the vehicle, i.e. Tata Safari bearing registration No. UP 85 BF 0022.

(2.) Facts of the case in brief are that on 29/9/2018, police officials of Police Station: Borai has seized total 32 Kg contraband Ganja from the possession of the appellant along with vehicle namely Tata Safari bearing registration No. UP 85 BF 0022. On the basis of seized articles, offence under Sec. 20 (b) (ii) (C) were registered against the present appellant. After considering the evidence and material available on record, the learned Special Court has acquitted the appellant of the charge under Sec. 20 (b) (ii) (C) of NDPS Act, but directed to confiscate the said vehicle. Hence, the instant appeal is filed by the appellant for grant of interim custody of the vehicle.

(3.) During course of trial, co-accused Gaurav Kumar has died and case against him was closed, which was reflected from the order sheet dtd. 5/10/2021.