POORAN SINGH ADHIKARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT criminal revision is directed against the judgment and order dated 22nd December, 2012, passed by learned Sessions Judge, Champawat, in Misc. Application No. 12 of 2012 in relation to a Special Trial under Section 18/20 NDPS Act arising from FIR No. 18 of 2012 State vs. Sunder Singh Bisht.

(2.) AN application for release of motorcycle in favour of the registered owner of the vehicle was filed in the Court of Sessions Judge/Special Judge, NDPS Act, Champawat, who was pleased to reject such an application.

(3.) IT was held by Hon'ble Supreme Court in Sundarbhai Ambalal Desai vs. State of Gujarat,, (2003 (1) JIC 615 (SC)), that whatever be the situation it is of no use keeping seized vehicle at the police stations for a long period so it is for the magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications to return of such vehicles. It was held by Hon'ble Allahabad High Court in Narendra Kumar vs. State of U.P.,, 1997 J.Cr.C. 746 (All.) that the vehicle should have been ordered to be released in favour of it's registered owner subject to fulfillment of the certain conditions by the said owner. This Court too is of the view that the motorcycle should have been released in favour of the registered owner subject to fulfillment of certain conditions.