DIPTIPRAVA SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner has moved an application U/S. 457 Cr.P.C. r/w Sec. -52(a) of the NDPS Act for release of her CRETA 1.5 MPL MT SX car bearing Registration No.0D-02-CL-4207, which has been turned down by the Court below.

(2.) On 21/11/2023, P.R. Case No.1851of 2023-24 was registered on the allegation that 140 Kgs. of ganja was carried in a CRETA car bearing Registration No.OD-02-CL-4207. The vehicle was seized along with accused persons carrying the ganja. The petitioner claimed to be the original owner of the CRETA car. He moved an application U/s.457 Cr.P.C for interim release of the said vehicle on the ground that he was not an accused in the NDPS case wherein the car was seized and being the registered owner of the said vehicle, he is entitled to the interim zima of the car. He has also contended that he had no knowledge about the vehicle being used for the alleged crime. Therefore, Sec. 60(3) of the NDPS Act shall not be operated against him for release of the said vehicle.

(3.) Learned Court below rejected the application of the petitioner, inter alia, stating as under: