GURUDARSAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petition filed by the Petitioners claiming to be the owner of the bus bearing registration number WB. 23 -A0397 under Section 15 of the N.D.P.S. Act read with Section 457 Cr.P.C. for interim release of the said bus having been rejected by the Special Judge, Jaipur in G.R. Case No. 460 of 2002 by his order dated 6.3.2002, the said order is impugned in this Criminal Revision.

(2.) ON 4th May, 2002 at 5 P.M., the staff of Korei Police Station detained the aforesaid bus and on search they detected four gunny bags containing 200 kgs. of poppy -straw in total were loaded on the roof of the said bus. The staff of the bus could not give any satisfactory explanation regarding ownership of the poppy -straw and the driver, connector and helper of the bus were arrested and forwarded to Court for alleged commission of offence under Section 15 of the Act. The offending bus along with its documents were seized by police and the said fact was also intimated to Court by police. The bus is now at the police station since 4.5.2002.

(3.) THE trial Court relying upon the provisions of Section 60(3) of the N.D.P.S. Act arrived at the conclusion that the carrier of the contraband articles or psychotropic substances was liable to be confiscated and as about 200 kgs. of poppy -straw was transported by the offending vehicle, it was a fit a case where the bus should not be released pending the trial.