MALOOK KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is praying for the custody of the truck bearing registration No. GJ-1-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 Prabhulal 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 Panchanama 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 party learnt that the said poppy husk was taken through the truck mentioned above towards Mandsaur side. The said truck was, thereafter, traced and it 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 that 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.) An application was moved by the owner of the said truck through the General Attorney. After hearing the prosecution, the learned Special Judge dismissed the application of the petitioner for getting the custody of the truck in question and that order is being assailed by the present revision petition.