(1.) THIS revision p6tition is preferred under section 397/401 of Criminal Procedure Code against the order dared 29.10:2004 passed by First Additional Sessions Judge Chhindwara in Special Case N615/04, whereby the application filed by the applicant under section 451 read with section 457 of CrPC lias been dismissed;
(2.) THE brief facts for disposal of this revision petition is that the police Sausar registered a crime No. 133/04 dated 8:7.2004 against (1) Maruti S/o Babarao (2) Santdsh S/o Babasaheb and (3) Mangalia S/o Laxman Kutti under section 8 and 18 of Narcotic Drugs and Psychotropic Substances (In brief 'NDPS') Act, 1985. in the above side registered offence the contraband substances (Ganja) was seized from the vehicle Qualice bering reistration No. M.H. 26-E 1755 by seizure memo village Rohana. The said vehicle was registered with RTO in the name of the applicant and in support of it photo copy of registration was also submitted on the record.
(3.) IN support of his contention he placed reliance in a reported case 2000 (I)MPWN 217 page 351 (Khalil Ahmad Ansari v. State of M.P.), in which held as under: