DHARAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application under Section 482 Cr.P.C. for the release of vehicle bearing No. HR-17/0441 concerned in F.I.R. No. 333 dated 27.9.1998 registered at Police Station Ratia under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) AS per the allegations in the F.I.R. in the abovesaid vehicle 12 bags each containing 40 kg of poppy husk was allegedly found. The allegation is that the petitioner himself was driving the vehicle at that time. The vehicle in question was seized. The petitioner filed an application before the Judicial Magistrate Ist Class, Fatehabad, for the return of the vehicle on surety (Superdari) but the learned Magistrate dismissed the said application on the ground that the vehicle in question is involved in case which is exclusively triable by a Court of Session. The petitioner filed a Criminal Revision before the Sessions Court, Hisar, and the learned Additional Sessions Judge, Hisar, dismissed his petition in view of the provisions contained in Section 60 of the N.D.P.S. Act that the vehicle used for transporting the narcotics shall not be released until the Court is satisfied that the owner of the vehicle was innocent or had no knowledge regarding the commission of the offence.

(3.) I have heard the counsel and have perused the record on file. Of course the learned counsel for the State wanted an adjournment on the ground that he was unable to argue the case since the case file was not with him, but adjournment was refused, as sufficient opportunity had been given.