ADNAM AHSAN Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. Heard learned Counsel for the applicant and learned A. G. A.

(2.) THIS revision has been preferred against the order dated 26-3- 2001 passed by Sri G. S Chandel, Additional Sessions Judge Court No. 4 Azamgarh in case Crime No. 458 of 2000, under Section 8/20 N. D. P. S. Act, P. S. Jcanpur district Azam-garh rejecting the application of the ap plicant for interim custody of the motor cycle bearing registration No. U. P. 50-D/4027.

(3.) SECTION 63 of N. D. P. S. Act provides procedure for making confiscation of the vehicle at the time of conviction, acquittal or discharge (final disposal of the case) of the case. Admittedly the case is still pend ing and it has not yet been decided. Whether the vehicle is liable to confisca tion or not shall be decided by the trial Court at the appropriate stage. At present the applicant has moved application for interim custody. In case interim custody is allowed proceeding of confiscation which will take place at appropriate stage will not be affected. In this way, the trial Court has not decided the application properly and the case be sent back to the Court concerned for deciding it afresh in the light of observations made above.