CHARAN JEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') for quashing/setting aside order dtd. 27/9/2022 passed by learned Special Judge, Fatehabad, in case FIR No.267 dtd. 14/6/2021 registered under Ss. 21-B/27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') and Sec. 51-B of the Disaster Management Act, at Police Station City Fatehabad, whereby, the application of the petitioner seeking release of Motor Cycle (make 'Hero Splendor') bearing Registration No.HR-22P-0501, on sapurdari was dismissed.

(2.) Succinctly, the abovesaid case FIR No.267 dtd. 14/6/2021 was registered regarding alleged recovery of 40 grams of heroin contained in polythene pouch from accused Vikram @ Bikkar, who was riding motorcycle in question and was apprehended and the abovesaid motorcycle was taken into possession by the police.

(3.) Petitioner being the registered owner of the said motor cycle, filed application for release of her motor cycle on sapurdari, which was opposed by the State on the ground that as per police report, the said vehicle is involved in another case bearing FIR No.228 dtd. 27/6/2019, registered under Ss. 323, 341, 307 and 506 read with Sec. 34 of the Indian Penal Code, at Police Station Bhuna.