MUNNA LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition is against the order dated 07.10.2017, whereby the application filed by the petitioner for custody of the vehicle was dismissed.

(2.) As per the prosecution case, on an information received that on 17.09.2017 cannabis is being carried and transported in a vehicle, one white Tata Zest Car bearing Registration No.UP 65 FT 3258 was intercepted and from the vehicle 85 KG of cannabis was recovered from the possession of Subhash Kumar Maurya and Pradeep Kumar, who were the inmates of the vehicle and the car was being driven by one Monu Kumar, who is the son of the present petitioner.

(3.) Learned counsel for the petitioner would submit that the proceedings are pending before the Court below and the seizure witnesses have turned hostile. He would further submit that the petitioner was not the inmate of the vehicle at the time of seizure of the vehicle and the confiscation proceedings have not yet been commenced and if the vehicle is kept in the police premises then it will lose its natural roadworthy condition, therefore, the same may be released in favour of the petitioner, who is the owner of the vehicle.