SHAKUNTALA DEVI LOHIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, learned Counsel for the Customs Department and learned Counsel appearing for the newly added Respondent No. 8.

(2.) The case of the Petitioner is that she had agreed to sell her Bolero Jeep bearing registration No. BR-1P-9479 to Respondent No. 8 Mukesh Jaiswal and Respondent No. 8 had taken Bolero jeep on trial. While the Jeep was under his possession, it was stolen away. He lodged a substantive case for theft of the jeep which was registered as Muzaffarpur Town P.S. Case No. 395/2006. Later on, on information, the officials of the Customs Department chased a Bolero Jeep suspected to be laden with Ganja. After some chase, the occupants of the jeep fled away abandoning it. On search, Customs officials found 156 Kgs. of Ganja loaded on it. The jeep was seized alongwith the Ganja. It was also found that the jeep was having a fake number plate and on enquiry, it was found that the said jeep was registered in the name of the Petitioner. During investigation, Petitioner took the stand that she had sold the jeep to Mukesh Jaiswal, Respondent No. 8. Therefore, both of them were made accused in the case and case proceeded. In the trial, Mukesh Jaiswal filed a petition for release of the jeep in his favour on such terms and conditions as the court desired to fix.

(3.) Petitioner, on the other hand, moved this Court for quashing of the trial against her on the ground that she had handed over the jeep to Mukesh Jaiswal in the process of sale and, thereafter it was stolen and Mukesh Jaiswal had already lodged a substantive case for theft of the jeep. Therefore, she was in no way connected with the crime of carrying narcotics drugs on the said jeep. This Court took notice of the facts and by speaking order dated 10.12.2007 passed in Cr. Misc. No. 39976 of 2007, quashed the prosecution against the Petitioner. However, in the order of this Court the stand of the Petitioner was noticed that she had parted possession of the vehicle in favour of Mukesh Jaiswal on account of sale of the vehicle.