ABHIJEET KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed for quashing the impugned order dated 20.02.2019 passed by Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"), Dehradun in Case Crime No.24 of 2019 under Section 8/20 of the Act, whereby the learned trial court dismissed the application of the petitioner for the release of his vehicle (Activa Scooty) bearing registration no.U.K.07-DH-1545.

(2.) On 15.01.2019, a Police party was on patrolling duty. Upon information having been received, an Activa Scooty bearing registration no.U.K.07-DH-1545 (hereinafter referred to as 'the vehicle') was intercepted, which was being driven by the petitioner. According to Police case, at that time, 134 gram of Charas was recovered from the petitioner. It is also the case that from the pillion rider Mr. Ranjeet, 233 gram of Charas was recovered. The vehicle was taken into custody and F.I.R. No.04 of 2019 under Section 8/20 of the Act was registered against the petitioner on 15.01.2019 at 11:50 p.m. The petitioner moved an application before the court for release of the vehicle. By the impugned order dated 20.02.2019, application was rejected. Aggrieved, the instant petition has been filed.

(3.) Learned counsel for the petitioner would argue that learned court below has erred in law in holding that in view of the provision of Section 60 of the Act, the vehicle cannot be released. It is argued that in view of Section 51 of the Act, the provisions of the Code would be applicable in cases of warrants, arrests, searches and seizures and in view of Section 451 of the code, the vehicle ought to have been released in the custody of its registration owner. Therefore, the impugned order deserves to be set aside and petition allowed.