(1.) Heard Mr. P.K. Borah, learned counsel for the petitioner who has submitted that this application is filed under 397 Cr.P.C with a prayer to set aside and quash the impugned order dtd. 19/4/2023 passed in Crl. NDPS Case No. 15/2020 under Sec. 227 Cr.P.C which case is pending before the court of the learned Special Judge (NDPS), Khliehriat, East Jaintia Hills District.
(2.) Mr. Borah has submitted that the case of the petitioner is that he is the owner of several oil tankers which had been let out to various parties and which he would receive the rental amount as agreed to between the parties. One such vehicles is the oil tanker registered as NL 02 6412, the same being rented out to Shri. Kamal Choudhury of Nayapara of Kamrup District, Assam.
(3.) A lease agreement to this effect was also executed between the parties which became operation with effect from 01 day of April 2004. The rental amount being Rs.10,000.00 (rupees ten thousand) only per month with advance of Rs.1,00,000.00 (rupees one lakh) only having been received by the petitioner.