JABIR HASAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed by the petitioner for quashing the impugned order dtd. 29/1/2018 passed by the learned IV Additional Sessions Judge, Haridwar in Case Crime No. 675 of 2018 under Sec. 8/20/15/60 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"), P.S. Pathri District Haridwar, whereby the release application of the petitioner for releasing his vehicle (Swift Dzire Car) bearing Registration No. UK08 AC 0012 has been rejected.

(2.) Heard learned counsel for the petitioner, learned counsel for the State and perused the record.

(3.) On 31/12/2018, when a police party was on patrolling duty, they intercepted a vehicle and some narcotic substances were recovered from it, which attracted the provisions of the Act. The vehicle was also taken into custody. According to the FIR, the occupant of the vehicle had run away from the spot. Thereafter, the petitioner filed an application for release of the vehicle in his custody, claiming himself to be the owner of it. By the impugned order, learned Court below rejected the application. While doing so, learned court below has referred to the provision of Sec. 60 (3) of the Act.