SUBHANKAR HALDER Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition, the petitioner has prayed for setting aside of the order dated 17.04.2015 passed by the learned Special Court No. 2, West Tripura, Agartala whereby the prayer of the petitioner for release of the truck has been rejected.

(2.) THE allegation of the prosecution is that on 25.02.2015 truck bearing No. WB -25F -3039 was seized. It was found loaded with contraband drugs such as Phensedyl. It was parked in the courtyard of Bia Bari known as Laxmi Narayan Bibaha Bashar near Amtali Bye -pass Naka Gate. When the police party on the basis of secret information went to the spot they found that some persons were unloading jute bags from the vehicle and on seeing the police party these persons ran away. Three of them were apprehended on the spot and when the jute bags were opened they were found to contain Phensedyl cough syrup. As many as 4800 bottles of cough syrup were seized. The Registration number of the truck is WB25F 3039. The Chassis number of the truck is MC243KRF0DE010676 and the Engine number of the truck is E683CDDE526206. The learned trial Judge rejected the application holding that confiscation was permitted even before trial and further holding that it was for the petitioner to prove that the vehicle was being used for illicit purposes without his permission.

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