RESHMA BEE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present C482 application, the applicant has put to challenge the order dtd. 22/11/2022, passed by learned Special Judge (N.D.P.S.), whereby, Misc. Application No. 359 of 2022, "State of Uttarakhand Vs. Touseem" under Ss. 8/21/29 of N.D.P.S. Act, 1985 registered at Police Station Sitarganj, District Udham Singh Nagar, to release the Vehicle No. UK06-BC-2836 in favour of the applicant, claiming herself to be registered owner of the said vehicle, has been rejected.

(2.) Facts of the case as reflected from the FIR are that the aforesaid vehicle was intercepted by the Police and on contraband substance under NDPS Act, 1985 was recovered from the persons riding on vehicle and accordingly offence under the provisions of Ss. 8/21/29/60 of N.D.P.S. Act, 1985, was registered with Police Station Sitarganj, District Udham Singh Nagar (FIR NO.392 of 2022) against the applicant and the aforesaid vehicle was also seized. An application was moved on behalf of the owner of the vehicle (applicant herein) for its release, which has been rejected by the impugned order.

(3.) It was contended by the applicant that she was registered owner of the aforesaid vehicle (a Motorcycle) No. UK06-BC-2836; on 22/9/2022 her son had taken the vehicle; the Police arrested Tahseem and sent him to prison and the motorcycle was seized and was kept in Police Station Sitarganj. The applicant further submitted that the Motorcycle was standing under the sky and the same would diminish its value.