DINESH Vs. STATE OF M.P.

JUDGEMENT

(1.) The brief facts are that Bajaj Pulser motorcycle No.MP42MN5718, Engine No. DHYRJB57432, Chassis No.MD2A11CYOJRB34168 was seized in connection with the offence under Section 8 / 15 of the NDPS Act in Crime No.182/19 registered in Police Station Limachouhan, District Rajgarh. The petitioner had filed the application for giving the said motorcycle on Supurdgi on the ground that he is the registered owner of the vehicle. The trial Court had rejected the application for Supurdgi on the ground that the motorcycle was used for transportation of the contraband item and it is liable to be confiscated.

(2.) Learned counsel for the petitioner submits that at the time of seizure of the contraband item, the petitioner was standing near the motorcycle and the seizure was made from the bag and the motorcycle was not used for transporting the contraband item. He further submits that the motorcycle is standing in open and will decay and that there is no bar of interim custody of the vehicle in the NDPS case.

(3.) Learned counsel for the State has opposed the application and has supported the impugned order.