BABBLU Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Revision has been filed against the judgment and order dated 16.7.2010 passed by the Sessions Judge, Moradabad whereby the Court has refused to release the vehicle in favor of the revisionist Babloo.

(2.) In brief, the facts of the case are that on 31.10.2009, the Inspector Jagdish Singh of Railway Protection Force alongwith other police personnel, spotted a Car in which two persons were sitting, The information was that a third person was likely to come to these two persons to hand over Heroin. The police waited and at about 2.50 p.m., the third man arrived and occupied the car. Thereafter, the third man took out three bags and handed over one bag each to the two persons already sitting in the Car. These three persons were arrested by the police From the possession of Shahid Khan, 400 gms. of Heroin, from the possession of Javed 300 gms. of Heroin and from the possession of Pankaj Sharma, 300 gms. of Heroin was recovered. Inter alia the police also seized the Santro Car. It appears that after completing the investigation charge-sheet was submitted against all the three accused and their cases were committed to the Court of Sessions, which were ultimately received in the Court of Additional Sessions Judge/Fast Track Court -1, Moradabad for disposal.

(3.) It appears from the record that the present revisionist Babloo moved an application before the Court that he is the registered Lower owner of the said Car and after its seizure, the car is lying at the police station and is being rendered a junk day by day. He prayed for the release of the Car in his favor.