MATLOOB HUSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Instant Criminal Revision has been preferred against the order dtd. 10/4/2024 passed by Additional District and Session Judge, Court No. 6, Azamgarh in Criminal Misc. Case No. 01 of 2024 arising out of Case Crime No.161 of 2023, under Sec. 8/20N.D.P.S. Act, P.S. Tarwan, District Azamgarh. By the impugned order trial court has dismissed the release application filed by the revisionist claiming himself as registered owner of truck bearing Registration No. U.P. 21-AN-5992. The said truck/container has been seized by the police on 22/6/2023 under Ss. 8/20 N.D.P.S. Act on charges of carrying illicit Ganja of 20 Kg 500 gram quantity. The revisionist was arrested by police from the truck and said contraband and ? 3,52,000/- Cash were recovered from his possession.

(2.) Heard learned counsel for the revisionist, learned AGA for the State and perused the record.

(3.) Learned counsel for the revisionist submitted that revisionist has been falsely implicated in the case. He is registered owner of the truck and which is only source of livelihood of the revisionist. The revisionist has already been released on bail in Case Crime No. 161 of 2023, under Ss. 8/20 of Narcotic Drugs and Psychotropic Substance Act, Police Station Tarwa, District Azamgarh by this Court on 17/8/2023 in Criminal Misc. Bail Application No. 34627 of 2023 whereby revisionist has been released on bail in said offence on the ground that procedure prescribed in the Rule 10(1) of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 have been violated. The police has seized the truck of the revisionist and fraudulently framed case under Sec. 8/20 NDPS Act. There is no report regarding initiation or pendency of proceedings under Sec. 60 and 63 NDPS with regard to said contraband. The vehicle of the revisionist has been wrongly seized by the trial court without assigning any cogent reason and by cryptic manner impugned order has been passed which is not sustainable under law. The revisionist has no criminal history to his credit prior to alleged incident.