ANGOMJAMBAM NABAKUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Section 482, read with Section 401/397 of the CrPC, the petitioner has challenged the order dated 01.06.2020, passed by the learned Sessions Judge, Kamrup (M) at Guwahati, in Misc. Case No.19/2020, in connection with NCB Crime Case No.19/2019 (NDPS Case No.37/2020), rejecting the prayer of zimma of the vehicle bearing Regn. No.MN-06T-1240 (LPG tanker), belongs to the petitioner.

(2.) Heard the submission of learned counsel for the petitioner as well as the learned standing counsel for the NCB.

(3.) According to the petitioner, he is the bonafide registered owner of the LPG tanker and he is paying more than Rs.42,000/- per month as EMI, to the Finance Company, as the vehicle was taken on hypothecation from the Shriram Transport Finace Co. Ltd., Navi Mumbai. On 27.12.2019. The aforesaid vehicle was apprehended and seized in connection with the NCB Crime Case No.19/2019, as 980 Grams of Methamphetamine tablets (commercial quantity) marked as WY tablets was recovered from the said vehicle and the driver and the helper namely, L. Brajen Singh and Biswajit Lahkar were arrested and seized the tanker alongwith the drugs. Already the final complaint has been submitted before the learned trial Court on 15.06.2020 against the aforesaid two arrested accused persons as well as other two accused persons namely Thangboy Haokip and Debasish Saha, as absconders. The present accused/petitioner was also examined by the respondent under Section 67 of the NDPS Act and he has not been arrayed as an accused in the present case. Since yet the vehicle of the present petitioner has been kept under the custody of the respondent and has not been returned to him.