ABHISHEK JAISWAL Vs. STATE OF C.G.

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been filed seeking for releasing of a Car (TATA Aria), bearing Registration No. CG10- N/3666, on Supurdnama.

(2.) Facts of the case in brief are that the above referred Car was found to be involved in a case under Sec. 20(B) of the N.D.P.S. Act carrying about 2.49 quintal of cannabis. The said vehicle has been seized and is in the custody of the Police authorities since 18/10/2015. According to the Petitioner, his father had taken the vehicle to Ranchi (Jharkhand) and on 10/10/2015 while he was returning back to Bilaspur en route had stopped at a place in Kasabel (Jashpur) for having tea and snacks. When he came out of the tea shop he found that the vehicle was missing. He had immediately lodged a complaint of the vehicle being stolen before the Station House Officer, Kansabel Police Station on the same day itself. In due course of time, the Kansabel police after investigation finally on 5/12/2015 registered Crime No. 231 of 2015. In between, Police Station, Kelhari under District Koriya found the said vehicle of the Petitioner in an abandoned condition on 18/10/2015 and in the course of search they found 2.49 quintal of cannabis in the said vehicle and accordingly registered a case under the provisions of N.D.P.S. Act and took the vehicle into custody.

(3.) Learned Counsel for the Petitioner submits that he had immediately thereafter moved an application under Sec. 451 of CrPC for releasing of the seized vehicle on Supurdnama but the Court below rejected the application vide impugned order dtd. 17/2/2016 holding that since the vehicle of the Petitioner was involved in the offence under the provisions of N.D.P.S. Act and that the quantity of cannabis seized was quite large, there are sufficient materials for initiating confiscation proceedings confiscating the seized vehicle and therefore rejected the same leading to the filing of the instant petition under Sec. 482 of CrPC.