PRASHANT GULHARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present revision under Sec. 397 of CrPC has been filed assailing the order dtd. 1/4/2016 passed by Special Judge (Narcotics), Bilaspur in Case No. 320 of 2015, whereby the Court below has rejected the application filed by the Applicant under Sec. 451 of CrPC for release of the vehicle (Bajaj Pulsar), bearing Registration No. CG10-NB/2715, on supurdnama.

(2.) According to the Applicant he is not the accused in the case rather it is a case where the seized vehicle belonging to him was taken by one of his neighbours namely Rajendra Kumar and the said person is said to have been caught by the police authorities carrying 750 ample of Rexogesic injections on 22/7/2015. According to the Applicant he is not in any manner directly or indirectly related to the offence nor was he at any point of time having knowledge that the said Rajendra Kumar had taken the said vehicle from the Applicant with an intention of carrying the said narcotic substance.

(3.) Counsel for the Applicant submits that the vehicle involved in the offence is in the custody of the police authorities since 22/7/2015, that is, almost about 1 year and 4 months. He further submits that no fruitful purpose would be served if the vehicle remains idle in the custody of the authorities exposed to the extreme weather conditions and the vehicle would get decayed day by day and would further deteriorate by passage of time to the extent that it would become unusable and therefore in the interest of justice the vehicle may be released to the Applicant. He also submits that the case is pending consideration before the Trial Court and it is at the stage of recording of the evidence of the prosecution witnesses and therefore there is no likelihood of early disposal of the case. He further undertakes to give any sort of conditions required till the finalisation of the case or for that matter any other proceedings initiated by the authorities.