UNION OF INDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant Union of India - NCB, Ahmedabad Zonal Unit, has preferred this application under Article 226 read with Sec. 482 of the Cr.P.C., whereby, the Department has questioned the legality and correctness of the order dtd. 12/3/2021, passed in Cr.MA. No. 1759 of 2021, whereby, the learned Additional Sessions Judge, Ahmedabad, exercising, its discretion under Sec. 451 of the Cr.P.C., passed an interim order for custody of vehicle bearing Registration No. JK-13F-4922 in favour of the Private Respondent Gulam Rasool.

(2.) This Court has heard learned counsel Mr. Kartik Pandya, learned Standing Counsel appearing for and on behalf of the applicant, Mr. Aditya Bhatt, and Mr. Jay Mehta, learned State Counsel for the respective parties.

(3.) Brief facts giving rise to file present application are that, the vehicle in question No. JK-13F-4922 seized in connection with the offence being CR. No. NCB/AZU/CR.No.01/2021 for the offence punishable under Ss. 8(c), 20(b)(ii)(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to case of the Narcotics Control Bureau, applicant herein that the Zonal Unit, Ahmedabad received a specific information on 20/1/2021 that "3 persons namely Moin Asraf, Mohd. Chopan and Raja Rameez are travelling in a truck being JK-13F-4922 with the contraband narcotics drugs "Charas" weighting about 23 Kg. and same is concealing in the vehicle and name of the driver is Moin Asraf and they will deliver it to one Avesh Pathan, resident of Mehmdabad, Porbandar, Gujarat and they are passing between Unjha, Dist.: Mehsana to Ahmedabad. After following the mandatory procedure, the Intelligence Officer formed a team and in presence of independent panchas, reached at the place namely S.P. Ring Road, Ahmedabad and on seeing the said truck, they intercepted the vehicle. The officer found the cartoon boxes containing therein 23 packets of charas, total weighing 23.762 Kgs. and same has been seized along with the truck. The driver along with two persons traveling in the truck have been arrested. During the investigation, the officer got the information from the Regional Transport Office, Srinagar in relation to the seized truck, which allegedly registered in the name of Gulam Rasool, the private respondent herein.