PRAKASH SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision under Section 397/401 Cr.P.C. has been directed by Prakash Sahu revisionist challenging the correctness, legality and propriety of order dated 21.1.2009 passed by learned Additional Sessions Judge, Court No. 12, Kanpur Nagar, in Case No. 401 of 2008, Prakash Sahu vs. State of U.P., in case crime no. 659 of 2008 under Section 18/20 N.D.P.S. Act, Police Station- Chakeri, District- Kanpur Nagar, whereby the aforesaid Sessions Judge has rejected the application made by owner revisionist to release his Tata Safari vehicle no.- U.P.-40 F- 4711 DICORLX, engine no.- DICOR 06 ASZ - 809618 Chechis No.- 403063 ASZ No.- 01951 in his favour.

(2.) Taken up in the revised list but none turned up for the revisionist to press the criminal revision on the point of admission. Criminal revision cannot be dismissed in default. It must be decided on merit. Therefore, heard learned A.G.A. and perused the materials available including impugned order dated 21.1.2009.

(3.) It appears that the aforesaid Tata Safari is in the ownership of applicant revisionist. It was driven by its driver. 950 gm of Charas was recovered from this vehicle. It was kept in a white dim polythene in the cavity lying under the folded hand-rest existing in between the two seats in the vehicle.