LAWS(MPH)-2016-4-170

AMIT KHATRI Vs. STATE OF M P

Decided On April 25, 2016
Amit Khatri Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This revision petition is preferred under Section 401 of the Code of Criminal Procedure against the order dated 19.10.2015 passed by the Special Judge (N.D.P.S. Act) Anuppur in Special Case No.13/2015, whereby the application filed by the petitioner under Section 457 (which should have been under Section 451) of the Code of Criminal Procedure has been dismissed.

(2.) The brief facts for disposal of this revision petition are that the Police Station Kotwali, District Anuppur registered a Crime No.195/2009 dated 24.10.2009 against (1) Amit Patel, who was car driver, (2) Jhabbu and (3) Mukesh for offence under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act').

(3.) In the above said registered offence, the contraband substance (52 Kgs Ganja) was seized from the vehicle Tata Indica Car bearing registration no. M.P.17CA-0652 by seizure memo dated 24.10.2009 at about 18-40 O'clock near Chhulha village in District Anuppur when the car driver Amit Patel and above mentioned two other occupants had fled away from the car. It is not disputed that petitioner Amit Khatri is registered owner of the seized car.