MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure, 1973 filed seeking quashing of order dtd. 6/9/2021 passed by Ld. Special Judge, Fatehabad Under Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') in case FIR No. 11 dtd. 12/1/2021, under Sec. 21B the Act, registered at Police Station Sadar Fatehabad, whereby the prayer for release of motorcycle bearing registration No.HR-59E-9051 seized at the time when accused was apprehended carrying 30.15 gram heroin was rejected.

(2.) Learned counsel for the petitioner submits that the motorcycle is lying in open space, the trial is at its initial stage, none of the prosecution witness has been examined, conclusion of the trial is likely to take time, the vehicle be released on sapurdari. He further submits that petitioner undertakes to produce the vehicle as and when required by the Court.

(3.) Learned State counsel defends the impugned order and submits that the vehicle under Sec. 60(3) of the Act can be confiscated.