SUJIT CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition, the petitioner has sought for quashing of the order of the learned Special Judge, North Tripura, Kamalpur whereby the prayer of the petitioner for release of the Tata Sumo belonging to him was rejected and the petitioner also prayed that the aforesaid Tata Sumo be released in his favour on such terms and conditions this Court deem fit and proper.

(2.) THE allegation of the police is that on 12.05.2014 at about 0030 hours, the police stopped the vehicle in question at Bhagat Singh Chowmuhani. The driver fled away from the spot and cough syrup was being illegally carried in the vehicle. Thereafter, Kamalpur P.S. Case No. 54 of 2014 was registered in the Kamalpur Police Station under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act'). The allegation is that Eskuf cough syrup bottles which are a prohibited substance under the Act were being carried in this vehicle.

(3.) REFERENCE may be made to Section 60 of the Act, which reads as follows: -