SUKHRAM Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has filed this petition under section 379/401 of the Code of Criminal Procedure being aggrieved by order dated 28.11.2012 passed by the IV Additional Sessions Judge, Sagar in Special Case No.2/ 2012, whereby the application filed by the applicant under section 451 of the Code of Criminal Procedure has been dismissed.

(2.) The facts giving rise to filing of this petition in short are that the applicant is registered owner of motorcycle No.MP15 -MF -2184, which is said to have been used in transportation of 9 Kg and 200 grams contraband/ Ganja by accused Ballu alias Balram and Shailendra. They are facing trial before IV Additional Sessions Judge, Sagar under section 8/20(b)(ii)(a) read with section 27 A and section 29 of the N.D.P.S. Act. The applicant has filed an application under section 451 of the Code of Criminal Procedure for releasing the aforesaid vehicle on his Supurdginama but the same has been dismissed.

(3.) Learned counsel for the State has formally objected the prayer.