JAI KISHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Binod Kumar, learned counsel for the petitioner and Mr. Uma Shankar Verma, learned CGC for the Union of India through virtual Court proceedings.

(2.) In the present application preferred under Article 226 and 227 of the Constitution of India, the petitioner has prayed to set aside the order dated 01.11.2017 passed by the learned Additional Sessions Judge-III, Khagaria in Special Case No.18 of 2016, arising out of Khagaria P.S. Case No.698/2016, whereby the petitioner's petition for release of his motorcycle bearing registration No.BR 34 K 1834 seized in the aforesaid case, has been rejected saying that the final order is to be passed at the time of passing of judgment.

(3.) The aforesaid N.D.P.S. case was registered on the basis of self statement of the informant under Section 8/20(b) (ii) A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter in short referred to as the 'N.D.P.S. Act') stating therein that while he was on duty for maintaining law and order, on seeing the police one person tried to flee away by his motorcycle, on chase, he was stopped and on search 175 gms. Ganja was recovered from his possession.