LAWS(GAU)-2020-3-115

UNION OF INDIA Vs. BALWINDER SINGH

Decided On March 02, 2020
UNION OF INDIA Appellant
V/S
BALWINDER SINGH Respondents

JUDGEMENT

(1.) Heard Mr. SC Keyal, learned standing counsel CBI assisted by Ms. R Dey, learned counsel. However, none appears for the respondent.

(2.) This appeal purportedly under section 454 Cr.P.C., is directed against the order dated 27.08.2010 passed by the learned Addl. Sessions Judge, Kamrup, Guwahati in Misc Case No.5/2010 arising out of Sessions (Special) Case No.45(K)/2008, granting interim custody of a vehicle.

(3.) In Sessions (Special) Case No.45(K)/2008, the accused Balwinder Singh and Binoy Daimary stood trial for the offence under section 20(b)(II)(c) of the NDPS Act. On conclusion of trial, learned Special Judge by judgment and order dated 14.12.2009 acquitted both the accused persons who were standing trial. Learned Special Judge in the aforementioned judgment although, passed an order for confiscation of the seized narcotic (ganja), no order was passed in respect of the vehicle seized in connection with the said offence.