DURGA SHANKAR TRIVEDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has challenged the order dated September 21, 2015 passed by learned Judge, Special Court under the Narcotic Drugs and Psychotropic Substances Act, Paschim Midnapore in connection with N.D.P.S. Case no.11 of 2014 arising out of Garbeta Police Station Case no.132 of 2014 dated May 12, 2014 by filing this revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) It appears from materials on record that the petitioner is facing trial on the allegation of committing offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It appears from the impugned order under challenge in the revision that the Mahindra Scorpio car bearing no.WB-34AB/7516 was carrying 41.5 kgs of ganja without valid document and the said vehicle was intercepted by the police and the contraband article and the vehicle were seized. The petitioner claming to be the registered owner of the said vehicle filed application before the trial court for return of the vehicle on any condition on the ground that the vehicle will be damaged till conclusion of hearing of the criminal case. Learned Judge of the trial court refused to return the vehicle of the petitioner on bond by passing the impugned order on September 21, 2015 which is under challenge in this revision.

(3.) Relying on judgment of learned Single Judge in "Ainul Haque V. State of West Bengal" (CRR 1152 of 2015 disposed of on June 26, 2015) Mr. Ayan Bhattacharjee, learned counsel for the petitioner submits that the vehicle may be returned to the petitioner on execution of bond of Rs.10,00,000/- on any condition during pendency of the criminal proceeding.