SHANKAR PRASAD RATHOUR Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has been preferred this instant petition under Sec. 528 of BNS, 2023 being aggrieved by the order dtd. 14/8/2024 passed by the learned Special Judge (NDPS), Surguja, Ambikapur, District-Surguja (C.G.) in Suprudnama Application No. 87/2024 (Crime No. 402/2024), whereby the learned trial Court has rejected the supurdnama application filed by the petitioner.

(2.) The case in nutshell is that, on 18/6/2024, the offending vehicle (Maruti Ertiga) bearing registration No.CG-10-BQ-7587 was seized by police officials of Police Station Kotwali, Ambikapur, based on receiving a secret information by the informant. The driver fled, but the vehicle was seized containing 49.680 kg of ganja (marijuana) packed in 50 packets. During the investigation, two accused namely Rahul soni and Anshul Shukla, were arrested as the vehicle's occupants and case under Sec. 20(c) of the NDPS Act has been registered against the accused. The petitioner is the owner of the said vehicle and he filed an application under Sec. 451 of Cr.P.C. before the learned trial Court for taking Supurdnama of the said vehicle, and categorically stated that he is registered owner of the said vehicle and hence he is entitled to take his vehicle which has been seized by the police but was consequently rejected by the learned trial Court. Hence, this petition.

(3.) Learned counsel for the petitioner submits that the petitioner is the registered owner of the offending vehicle, and he is having a valid and effective documents required for the said vehicle, therefore, he is entitled for the Supurdnama. He next submits that at the time of incident, the offending car of petitioner was taken on rent by the accused Anshul Shukla for some personal work and the petitioner nowhere involved in transportation of the cannabis and in commission of the alleged offence. The seized vehicle is machinery property and due to its lying idle in an open place, its machinery parts are being deteriorated day to day, therefore, it will be appropriate to release the vehicle on Supurdnama.