NARCOTICS CONTROL BUREAU Vs. SANGEETA BHARDWAJ

JUDGEMENT

(1.) Instant Criminal Revision Petition filed under Sec. 397 of the Code of Criminal Procedure, lays challenge to order dtd. 28/2/2020 passed by learned Special Judge, Nalagarh, District Solan, Himachal Pradesh, in Cr.MA. No.66-NL/4 of 2020, whereby an application having been filed by the respondent for release of the vehicle in case FIR No.66 of 2019, dtd. 7/11/2019, registered at NCB, Chandigarh, under Ss. 18, 25,28, 29 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (For short 'Act'), came to be allowed.

(2.) Precisely, the facts of the case as emerge from the record are that the application for release of the vehicle, as detailed hereinabove, came to be filed in the Court of learned Special Judge, Nalagarh, District Solan, H.P., on behalf of the respondent. Learned Special Judge vide order dtd. 28/8/2020 allowed the application and ordered that the custody of the vehicle be given to its rightful claimant i.e. respondent alongwith the documents after furnishing supardari in the sum of Rs.10,00,000.00 with one surety of the like amount to the satisfaction of Additional Chief Judicial Magistrate/JMIC, Nalagarh. While passing aforesaid order of release of vehicle, court below also put conditions that the respondent will produce the vehicle before this Court or police as and when required and she will not change the nature and character of the vehicle, especially the cavity made in the said vehicle during the pendency of the criminal case before this Court.

(3.) Being aggrieved and dissatisfied with the aforesaid order of release of vehicle made in favour of the respondent, petitioner-NCB, at whose instance FIR, as detailed hereinabove, came to be lodged has approached this Court in the instant proceedings, praying therein to set-aside the aforesaid impugned order.