LAWS(MPH)-2016-8-127

SULTAN SINGH Vs. STATE OF M P

Decided On August 10, 2016
SULTAN SINGH Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This criminal revision petition has been filed by the present applicant against the order passed by learned First Additional Sessions Judge, Javra, District-Ratlam in MJC No.20/14 dated 13.12.2015.

(2.) Brief facts giving rise to this revision petition are that one Govind Lal faced a trial under Section 8/15 of N.D.P.S. Act before the First Additional Sessions Judge, Javra in special Session Trial No.10/10. According to prosecution story, he was found transporting 7.55 quintals of poppy-straw in tractor trolly bearing registration No.RJ-17-RA-3370.

(3.) During course of the trial, present applicant being registered owner of the tractor filed an application for interim custody. The tractor was given to him on interim custody on deposition of cash amount of Rs.1,00,000/- and on execution of Supurdginama. Subsequently, during trial, he said Govind Lal was acquitted of all charges. However, learned Presiding Officer in special Session Trial No.10/10 ordered confiscation of the tractor and also confiscated Rs.1,00,000/- deposited by the present applicant for obtaining the tractor on interim custody. Against this order, a revision petition was filed before this court which was disposed of by order dated 24.01.2014.