SALIL KUMAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 7/5/2018 passed by the Learned Judge Special Court under NDPS Act-cum-Additional Sessions Judge, 5th Court, Berhampore, Murshidabad in connection with NDPS Case No. 412/17 arising out of Suti Police Station case No. 657/17 dtd. 22/11/2017 under Ss. 20(b)/21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, thereby rejecting the Petitioner's prayer for interim custody of the vehicle seized in connection with the instant case.

(2.) The petitioner is a businessman by profession and also the registered owner of a Heavy Goods Vehicle made of Tata Motors, bearing Registration No. WB 57B 2757, since April, 2012. The said vehicle has National Permit as a Public Career, duly issued by the concerned authority of Regional Transport Authority, Murshidabad.

(3.) On or about 21/11/2017, at about 21.05 hrs., the police personnel attached to Suti Police Station apprehended the said vehicle on NH 34 near Maa Manosa Hotel, Ajagar Para More, under Suti Police Station on the allegation that contrabands are being carried in the said vehicle. The police personnel of the said Police Station also apprehended two persons including the driver of the said vehicle. It is also alleged that upon search 34Kgs 500gms of Ganja was recovered from the cabin of the said vehicle for which the arrested accused persons could not give any plausible explanation.