MAHAMADKHAN ISUBKHAN MAKARANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India and Sec. 482 of the Code of Criminal Procedure with prayer for custody of the Truck - L.T.P.3118 being R.T.O. Registration No.RJ-38-GA-1699 to the petitioner by quashing and setting aside the order 19.10.2020 passed in Criminal Application No.2185 of 2020 by 2 nd Additional District & Sessions Judge, Ahmedabad (Rural) Ahmedabad.

(2.) The truck was seized in connection with the offence registered as NCB/AZU/Cr.No.06/2020 punishable under Ss. 8(c) , 20(b)(ii)(c) , 25 and 29 of Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as ' NDPS Act ' for short). The vehicle came to be seized by Narcotic Control Bureau, Ahmedabad.

(3.) Mr. Roshankumar M.Amin, learned advocate for the petitioner submitted that the petitioner is nowhere involved in the commission of offence and has no nexus whatsoever in any of the allegations made in the complaint. He states that the interim custody of the vehicle is required to be given to the petitioner, who is owner of the vehicle, since the vehicle if kept in open place, unutilized, would diminish its value.