DAYA SHANKAR Vs. MUNAF MOHAMED GAGAN

JUDGEMENT

(1.) THESE two Criminal Applications arise from an order dated 6th October 1989 passed by tile Additional Sessions Judge, Greater Bombay, in N. U. P. S. Application No. 14 of 1989, directing that a Maruti Van bearing No. G. E. N. 1786 here turned to Munaf Mohamed Gagan on his executing a personal bond in the sum of Rs. 50,000/- and furnishing a surety in the sum of Rs. 50,000/- with one surety in the like amount and on condition that he shall not hypothecate, deal, sell or part with the possession of the said vehicle till the disposal of the case and shall produce the same before the Court whenever required to do so.

(2.) ON 21st January 1988, the Officers of D. R. I. intercepted the aforesaid Maruti Van when, it was driven by Hanif Gaffar Naviwala on suspicion that the said Van was carrying Narcotic drugs. On search, about 47 kgs. of Heroin powder was recovered from the said Van from the possession of Hanif Gaffar Naviwala who was the sole occupant of the Van at the time when it was intercepted. He made a confessional statement before the D. R. I. Officers and has been prosecuted for having been found in possession of the Narcotic drugs.

(3.) DURING the adjudication proceedings, the Assistant Collector of Customs (P), Rand. I. , by a letter dated 30th June 1989 communicated that during the personal hearing conducted before CC (P) on 23rd June 1989, CC (P) passed an order that the seized Maruti Van is ordered to be released primarily on execution of Bond to the value of Rs. 60,000/-only and a Bank Guarantee of Rs. 20,000/- onlyt1. The said order releasing the Van has been made in favour of Munaf Mohamed Gagan.