SHIVAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jata Shankar Pandey, learned counsel for the applicant, Sri Ashish Pandey appearing for NCB as well as Sri Rajeshwar Singh, Rakesh Chand Srivastava, Sri Amit Sinha, learned A.G.A. assisted by Rajnish Pandey and Sri Madnesh Prasad Singh, learned State Law Officer for the State and perused the record.

(2.) The present application has been filed for quashing the order dtd. 4/9/2021 passed by Additional Sessions Judge, Court No. 10, Allahabad in N.C.R. No. UPAD-01007233/2021 (State/NCB Vs. Vinod Yadav), under Sec. 8/20 N.D.P.S. Act, arsing out of Case Crime no. 188 of 2021, Police Station Shankargarh, District Prayagraj.

(3.) Learned counsel for the applicant contends that the vehicle bearing registration No. UP62 AT8908 belongs to the applicant and no useful purpose would be served in keeping the vehicle at police station which would result in the vehicle becoming junk. Learned counsel for the applicant has relied upon a decision of Hon'ble Apex Court in the matter of Sunder Bhai Ambalal Desai Vs. State of Gujarat 2003 (46) A.C.C. 223 wherein it been held:-