NEELLMA PATHAK Vs. SPL AND SESSIONS JUDGE JAUNPUR

JUDGEMENT

(1.) B. K. Rathi, J. This is a revision under Section 397/401 Cr. P. C. against the order dated 22-10-1998 passed by Sessions Judge, Jaunpur in Criminal Misc. Case No. 115 of 1998. I have heard Sri D. M. Tripathi, learned counsel for the applicant and the learned A. G. A.

(2.) THE facts of the case are that the applicant applied for the return of the vehicle No. UP-65 1/2050, which was seized in Crime No. 914 of 1998, under Section 20/29 of N. D. P. S. Act in district Jaunpur.

(3.) THE learned counsel for the ap plicant has referred the law laid down in the case A. B. Singh v. State of U. P. and others, 1997 (35) ACC 425. This authority is entirely on the different point and is of no help. THE other authority referred to as Sri Nand v. State of U. P. , 1997 (34) ACC 320. In this case the truck was seized under the U. P. Excise Act and was released by the High Court on proper security. This authority is also not applicable to the facts. Last authority is Mohd. Hasim v. State of U. P. 1996 U P Cr 648. It was held that the truck was seized by the police under the N. D. P. S. Act, can be released on interim basis.