AJEEM HUSAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Gupta, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the material available on record.

(2.) This application under Sec. 482 Cr.P.C has been moved on behalf of the applicant to quash the order dtd. 8/9/2022 passed by Special Judge (N.D.P.S Act) / A.S.J. F.T.C (Crime Against Women) in Case Crime No. 163 of 2022 - State Vs. Zubair and Others, under Sec. 8-C/20-b (ii) (e) and 8-A/28 of N.D.P.S. Act, Police Station Ujhani, District Budaun, by which the release application of Truck No. U.P.22-T- 3585 has been rejected and also for prayer to direct the Trial Court to release the aforesaid truck.

(3.) In brief, facts of the case are that the applicant is the recorded owner of the impugned vehicle insured by the O.I.C, which was searched and captured by the Police on 26/3/2022 and three quintal 96 K.G. Ganja was recovered in 198 packets and hence the vehicle was ceased under Sec. 207 M.V. Act and was also taken to the Police Station. The applicant moved an application for release of the impugned vehicle, which was rejected by the learned Trial Judge, on the ground that a report has been forwarded by the concerned Police Station for confiscation of the impugned vehicle in favour of the State.