ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision has been filed against the order dated 17.6.2008 passed by the learned Additional Sessions Judge (Fast Track Court) Solan in application No.12-FTC/4 of 2008.

(2.) The brief facts necessary for the adjudication of this criminal revision are that the vehicle bearing registration No.HP-02-A-0289 (Maxi Cab/Trax) owned by the petitioner was seized in a case registered under Sections 20 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in F.I.R. No.54 of 2008, dated 8.5.2008 lodged at Police Station, Parwanoo, District Solan. He was arrested on the allegations that 4.200 Kgs. Charas was recovered from the Trax bearing No.HP-02-A-0289 along with another person Shri Ramesh Chand. He moved an application for grant of bail under Sec. 439 of the Code of Criminal Procedure. This Court enlarged him on bail vide order dated 25.7.2008. He moved an application for interim custody of the vehicle owned by him alongwith documents on sapurdari bond. He has specifically stated in his application that he has raised loan to purchase the vehicle as a private service vehicle and was carrying passengers. He has also undertaken in the application that he will not transfer the ownership of the vehicle in favour of any person during the trial and had undertaken to produce the same either before the Court or any-where where the Court would direct him to do so. The learned Additional Sessions Judge called for the reply from the respondent. He rejected the application on 17.6.2008. This criminal revision has been preferred against the said order dated 17.6.2008.

(3.) Mr. Jia Lal Bhardwaj has strenuously argued that the order dated 17.6.2008 is not sustainable in the eyes of law. He has relied upon Sunderbhai Ambalal Desai Vs. State of Gujarat (2002) 10 SCC 283 : 2003(46) ACC 223 (SC) : 2003 (2) AIC 964 (SC) . The learned Additional Advocate General has supported the order dated 17.6.2008.