ROHIT Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard through video conferencing.

(2.) Facts relevant and necessary for disposal of the revision petition are in narrow compass; On receipt of secret information the raid party had checked a Ashok Leyland goods carrier with registration No.PB-08-DG-2312 at Dewas Naka, Indore. During search 185.050 Kg.of Cannabis (Ganja) were found kept in the vehicle and transported unauthorizedly and illegally. Accordingly, Crime Case No.5/2019 has been registered under Section 8/20(b)(ii)(c)/29 and 27-A of Narcotic Drugs and Psychotropic Substances Act (hereinafter called as 'NDPS Act'). The challan has been put up and the trial is pending before Special Court designated under Section 36 of NDPS Act.

(3.) The trial Court has rejected the application for Supurdginama in view of Central Government Notification on 16.1.2015 in exercise of powers under Section 52-A of NDPS Act, whereunder procedure has been prescribed for manner of disposal of narcotic drugs, psychotropic substances, controlled substances and conveyances after completion of the procedure prescribed under sub-section (3) of Section 52-A of NDPS Act. Section 52(1), (2) and (3) are quoted below:-