ANIL NAVNATH MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of learned Counsel for respective parties, the matter is taken up for final hearing, at the stage of admission.

(2.) By the present Petition filed under Article 226 and 227 of the Constitution of India, petitioner prayed that impugned order dated 20th March, 2010 passed by the learned Adoc Additional Sessions Judge-1, Aurangabad in Criminal Misc. Application No. 23/2010 be quashed and set aside and the Incharge of Pachod Police Station, Tq. Paithan, Dist. Aurangabad be directed to release the vehicle-Mahindra Max Jeep bearing No. MH-12-EF-5860 in C.R. No. III-57/2009 dated 13th December, 2009 and hand over the same to the petitioner.

(3.) The petitioner herein is original accused No. 2 in N.D.P.S. (Special) Case No. 2/2010 arising out of C.R. No. III-57/2009 registered with Pachod Police Station, Tq. Paithan, Dist. Aurangabad and copy of said F.I.R. is annexed at Exh.A (page 15). It is the contention of petitioner that he is owner of Mahindra Max Jeep bearing No. MH-12-EF-5860, which was purchased by him from one Abdul Hafiz Abdul Hamid. It is the contention of petitioner that he is doing the business of carrying goods through the said Jeep on the hire basis. On 13.12.2009, the accused No. 1 Firoz approached to petitioner and engaged his Jeep for carrying cotton from Georai to Pachod. The petitioner did not have knowledge about the contents of gunny bags, which were loaded in said Jeep by said Firoz. While proceeding from Pachod to Rohilagad, the Police Personnel stopped said Jeep near Rohilagad phata and Police Personnel searched said Jeep, wherein gunny bags containing intoxicated articles i.e. Ganja were found on back side of the said Jeep. Accordingly, offence was registered against accused No. 1 Firoz as well as against present petitioner and two other persons under Sections 8(c), 20(b)(1), 22, 29 of the N.D.P.S. Act on 13th December, 2009 and petitioner's Jeep was taken charge of under the said offences, which is registered with Pachod Police Station.