WAISH AHMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By the instant application petitioner has assailed the order dated 2/1/2018 passed by the learned Judge, Special Court under NDPS Act Howrah in T.R No. 6 of 2017 arising out of Nischinda P.S. case No. 9 of 2017 dated 23/4/2017 under section 21(c)/22(c)/23/29 of the NDPS Act whereby the petitioner's application for return of the seized vehicle (truck) bearing No. UP 32 HN 3425 was rejected.

(2.) The brief facts leading to the present application are as follows:

(3.) On 11/8/2017 the petitioner herein filed an application before the learned Judge Special Court under NDPS Act Howrah for return of the seized truck bearing no. UP32 HN3425 as its registered owner. It is the contention of the petitioner that he had no knowledge about the user of the truck for carrying or transporting contraband articles. The learned Judge rejected the application for return of the seized truck on the ground that the Investigating Officer in his report has not stated anything with regard to the claim of the petitioner that as the owner of the truck he had no knowledge or connivance regarding transportation of the seized 19,995 bottles of phensedyl cough linctus in his truck and that the owner of the vehicle was vicariously liable for the act done by his agent. Further, in view of the provision of section 60(3) of the NDPS Act the vehicle is liable to confiscation. Aggrieved by the impugned order the petitioner has approached this Court.