AJAY CHANDEL, SON OF SH. ASHOK CHANDEL, RESIDENT OF VILLAGE BHUTWA, POST OFFICE SHAKRAH, TEHSIL & DISTRICT SHIMLA, H.P. Vs. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY HOME

JUDGEMENT

(1.) THIS petition is directed against the order dated 26.08.2011 passed by learned Sessions Judge(Special Judge), Shimla,in Case No. 64 -S/4 of 2011. It has been submitted by learned counsel for the petitioner that Car HP -62A -0449 has been taken into possession by the police in FIR No. 125 dated 05.06.2011, registered at Police Station, West, Boileauganj. It has been submitted that there are in all four accused including the petitioner. The case against the petitioner and other accused is that 600 grams of 'Charas' was recovered from the vehicle. The petitioner and other accused are on bail. It has been submitted that an application was submitted for release of the Car HP -62A -0449 which was rejected by learned Sessions Judge ( Special Judge), Shimla, on 26.08.2011, hence revision.

(2.) HEARD . It has been submitted by learned counsel for the petitioner that in the Court below, the police has given no objection for releasing the vehicle in favour of petitioner. The petitioner is the registered owner of the car. The car is Maruti 800 CC 2009 Model. The learned Sessions Judge has refused to release the vehicle in view of Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ( for short 'the Act'). The learned counsel for the petitioner has relied B.S.Rawant versus Shaikh Abdul Karim and another, 1989 CriLJ 1998 and Ganesh Chandra Nayak versus State of Orissa : 2003 CriLJ 3142. He has submitted that even in presence of Section 60 of the Act, the Court has jurisdiction to release the vehicle under Section 457 Cr.P.C.