KAJI FARUK AHMED Vs. STATE OF W.B.

JUDGEMENT

(1.) The petitioner has preferred this revisional application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure challenging the order dated Nov. 20, 2014 passed by the learned Judge, Special Court under the N.D.P.S. Act, Murshidabad in connection with N.D.P.S. No.130/2014, by which learned Judge of the trial court refused to return the seized vehicle to the petitioner.

(2.) It appears from the materials on record that on June 5, 2014 Sub inspector of Police, Binoy Sarkar filed a written complaint before the Officer in-charge of Suti Police Station, Murshidabad alleging the fact that one Mofidul Islam was transporting 24.750 Kgs. of ganja in two separate plastic packets in a track bearing no. WB-25E/4407 and the said track, contraband articles and other documents were seized and the said Mofidul Islam fled away. Suti Police Station Case No. 178 of 2014 dated June 5, 2014 was started on the basis of the said written complaint against Mofidul Islam under Sec. 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner claiming to be the owner of the said seized track bearing no. WB-25E/4407 filed an application before the court of learned Judge of the trial court for return of the seized track on any condition during the pendency of the criminal case. Learned Judge of the trial court refused to return the seized track to the petitioner on the ground that the petitioner has failed to establish that he was not involved in the incident of transporting of the contraband articles as the owner of the seized vehicle.

(3.) Learned counsel for the petitioner contends that the seized vehicle may be returned to the petitioner as he is the registered owner of the vehicle and that the petitioner is willing to produce the vehicle as and when demanded by the court.