TEJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing/setting aside order dated 01.10.2019 passed by learned Additional Sessions Judge, Panchkula in case FIR No.219 dated 11.07.2019 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act") at Police Station Chandimandir, District Panchkula whereby the application for release of car bearing registration No.HP-66A-2157 on Sapurdari was dismissed.

(2.) Briefly stated, the facts giving rise to the filing of the present petition are that on 11.07.2019, ASI Rajesh Kumar along with other police officials mentioned in the FIR conducted nakabandi on the basis of secret information that accused Birbal who is habitual of selling charas in Panchkula was bringing charas in car bearing registration No.HP-66A-2157 and stopped the above said car and on search in the presence of Om Parkash, HPS, Assistant Commissioner of Police, Panchkula as per the prescribed procedure recovered 800 grams of charas kept in a polythene wrapped in parna worn by him around his neck under his green t-shirt. The FIR was registered against the petitioner and the petitioner was arrested and contraband along with sample seized from his possession as well as the car bearing registration No.HP-66A-2157 in which he was travelling were taken into possession by the police.

(3.) The petitioner, being registered owner of the above said car, filed application for its release on Sapurdari which was dismissed by learned Additional Sessions Judge, Panchkula vide order dated 01.10.2019 on the ground that 800 grams of charas was recovered from the accused who was driving the car in question and the investigation in the case was still pending and the challan was yet to be presented.