WASIM ALAM 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 25.09.2018 passed by Special Judge, Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"), Dehradun in Case Crime No.256 of 2018, State Vs. Wasim Alam, registered at Police Station - Sahaspur, District Dehradun, Uttarakhand, whereby the learned trial court had dismissed the application of the applicant for the release of his vehicle (motor cycle) bearing registration no. U.K.07-DF-4544.

(2.) On 14.06.2018, a Police party was on patrolling duty, checking the vehicles. A bullet motor cycle was intercepted, bearing chasis no. ME3U3K5C15E321776 which was being given by the petitioner. According to the Police, at that time, 8 grams of smack was recovered from the petitioner. It is also the case that from the pillion rider, Ravi, 7 grams of smack was recovered. The vehicle was taken into custody. An F.I.R. no.256 of 2018 under Section 8, 21 and 60 of the Act was registered against the petitioner. The petitioner filed an application before the court for release of the vehicle. By the impugned order dated 25.09.2018, the 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.