YADWINDER SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against an order dated 5th April, 2010, passed in Special Case No. 01/08 (NDPS) by the Second Additional Sessions Judge, Morena to the Court of First Addl. Sessions Judge, Morena, specially empowered as Special Judge under the NDPS Act, dismissing thereby the application under Section 451, Cr.PC for handing over the possession and custody of the vehicle involved in crime relating to NDPS Act.

(2.) The facts in brief, just for the decision of the revision petition are that in case Crime No. 08/2008 Truck No. HR 37A 4616 was seized carrying illegally poppy-husk weight 2300 kg. without valid licence by accused Nirmal Singh Jat, driver of the truck and Kuldeep Singh Jat, the cleaner of the truck. The accused were arrested and the truck alongwith contraband article poppy husk was seized. After investigation the charge-sheet was filed before the Trial Judge. The trial is under progress. During trial, the application for handing over the seized truck was filed by the Power of Attorney of the Registered owner which was rejected on the ground that the questioned truck is involved in serious crime and the trial will be concluded in near future. Hence, this revision petition before this Court.

(3.) Learned Counsel appearing for the petitioner contended that the learned Trial Court while passing the impugned order has failed to exercise jurisdiction vested in it and committed gross jurisdictional error in passing the impugned order which deserves to be set aside. The learned Trial Court did not consider that if the seized truck is kept for a long time in open place in the police station, there is danger of it being damaged by vagaries of weather. The petitioner is the Power of Attorney holder of the registered owner who submitted an application for release of the vehicle on interim custody on Supurdginama, till the trial is concluded. He is ready and willing to comply with all the conditions which may be imposed for production of the truck seized or comply the order of confiscation which may be passed after trial by the Trial Court. Accordingly, it is prayed that the impugned order be set aside and an appropriate order which may be deemed fit in the facts and the circumstances of the case may be passed.