MALOOK KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is praying for the custody of the truck bearing registration No. GJ-I-UU-7587 which has been seized in context with Crime No. 18/98 connected with Police Station Nahargarh, District Mandsaur.

(2.) THE prosecution case in brief is that on 25-1-98 Shri N. L. Pandya, ASI of Nahargarh Police Station got the informa­tion that poppy husk is likely to be transported from the godown of one Prab-hulal resident of Soothi by one Afzal in contravention of the provisions of the Nar­cotic Drugs and Psychotropic Substances Act, 1986 (hereinafter referred to as the Act for convenience). Accordingly a Panchnama was prepared indicating that in the attempt of obtaining the search-warrant, the offenders were likely to escape and it would not be possible to obtain the warrant. After that, the Panchnama was drawn and such difficulty was expressed. The panch-witnesses were taken by the raiding party along with it. The party proceeded to effect the raid. While at­tempting to trace the said truck, the mem­bers of the raiding parly learnt that the said poppy husk was taken through the iruck mentioned above towards Mandsaur side. The said truck was, therefore, traced and if was found in the deserted condition near Panpur village. No body was present, in the said truck and when the said truck was searched, it was noticed by the members of the raiding party Ihat some bags contain­ing lentils were found to have been stored in the said truck at the upper floor. Beneath it, poppy husk was stored in the said truck in the concealed manner. The said poppy husk was seized under the Panchnama in the presence of the Panch-witnesses. The said truck was also seized under the allegation that it was used in contravention of the provisions of the NDPS Act for transporting the said poppy husk illegally.

(3.) SHRI Amrit Agrawal appearing for the petilioner submitted that the owner of the truck is resident of Ahmedabad and he was not knowing as to why this truck was being seized. He further submitted that no narcotic drug has been proved to have been transported by that truck by the prosecution and, therefore, the said truck is not liable to be confiscated much less detained in the custody of the police. He further submitted that the said truck is a valuable property and if it is permiued 10 be detained in the custody of the police with exposed condition in rains etc., the owner of the truck would be put to lot of loss and hardship. Shri A. Saleem, learned Panel Lawyer appearing for the Respon­dent State submitted that the said iruck had been involved in the illegal transport of poppy husk in contravenlion of provisions of the NDPS Acl, therefore, the said truck needs to be kept in the custody of the police till the trial is over. He submitted that this petition be dismissed.