BALAJI TRANSPORT COMPANY Vs. STATE OF M.P.

JUDGEMENT

(1.) By this revision petition under Section 397 of the Cr.P.C., petitioner has challenged the order dated 2.7.2020 passed by the Special Judge (NDPS Act) Rajgarh (Biaora) rejecting the petitioner's application filed under Section 451, 457 of the Cr.P.C. for Supurdgi of the Gas Tanker No.MH04- DS-9911.

(2.) Submission of learned counsel for the petitioner is that the contraband item has been seized from the driver and conductor of the Tanker and the Tanker belonging to the petitioner was used for supply of Gas to Vijaypur Gas Plant and that the Tanker is lying in open during the rainy season and is subject to natural decay and the same be given on Supurdgi to the petitioner on appropriate condition.

(3.) Learned counsel for the State has opposed the application by submitting that the Tanker has been seized in a case registered under Section 8/20 of the NDPS Act and there is a possibility of confiscation of the Tanker.