RAMA ROADLINES Vs. STATE OF M.P.

JUDGEMENT

(1.) The Revision Petition u/S.397 read with Sec.401 of the Cr.P.C is directed against the order dated 16/3/2020 passed in MJCR/10120/2020 passed by the learned Special Judge (NDPS Indore) rejecting the petitioner's application u/Ss.451 and 457 of the Cr.P.C for supurdgi of 648 bags and boxes of fertilizer along with original bilty papers.

(2.) The brief facts are that on the basis of the information received by the Narcotic Cell, Indore container No. TS.07.UG.3014 was intercepted in which 55 kg of ganja stored in three boxes was found from the possession of accused Lakhan Kushwaha, Nihalsingh and Irfan. The said truck was also transporting 648 bags of fertilizer (bags and boxes of urea fertilizer) and they were also seized.

(3.) The applicant had filed the application before the court below with the plea that the applicant is a registered transport company and it had taken the container No. TS.07.UG.3014 on rent through a broker for the purpose of transporting 314 bags and 334 boxes of fertilizer from the godown of Fertis India P. Ltd to the authorised trader at Indore vide bilty No.61502 dated 18/2/2020 in the container through the driver from Nagole to Indore. Further plea was raised that the applicant has no connection with the seized contraband item and that the applicant is entitled to release of the seized fertilizer which has wrongly been seized along with the contraband item.