DEVENDAR KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition, under Ss. 401/397 of the Code of Criminal Procedure, is directed against the order dtd. 9/3/2022, passed by the learned Addl. Sessions Judge, FTC, Cachar, Silchar, in NDPS Case No. 09/2019, and also against the order dtd. 18/1/2022, passed by the learned Addl. Sessions Judge, FTC, Cachar, Silchar, in NDPS Case No. 09/2019, corresponding to Departmental Case No. 04/CL/NDPS/DRI/SIL/2018-19, dtd. 7/1/2019. It is to be noted here that vide impugned order, dtd. 9/3/2022, the learned Addl. Sessions Judge, FTC, Cachar, Silchar, has directed Directorate of Revenue Intelligence (DRI) to arrange for disposal of Truck bearing registration No. HR55-P-3867 (HR-69-B-7255) observing all the legal formalities and by putting it to public auction, after wide publicity of such auction and shall also prepare the inventory and ascertain the minimum valuation from authorized Govt. Officer of Transport Department. And vide order dtd. 18/1/2022 the Addl. Sessions Judge, FTC, Cachar, Silchar, has rejected the petition filed by the petitioner - Shri Devender Kumar, seeking interim custody of Truck bearing registration No. HR-55-P-3867 (HR-69-B-7255) seized in connection with the aforementioned case.

(2.) The factual background, leading to filing of the present petition, is briefly stated as under:

(3.) Being highly aggrieved, the petitioner has approached this court by filing the present petition on the ground that the learned court below had passed the impugned orders without application of judicial mind and without considering the fact that the petitioner is the legal owner of the vehicle and there is no dispute regarding the same and that he possessed all the relevant documents and that confiscation proceeding has to be started only after conclusion of trial and that the learned court below has failed to consider the provision of sec. 60, 60(3) as well as sec. 63 of the NDPS Act, and that the petitioner, being owner of the vehicle, is not an accused, and therefore, it is contended to allow the petition.