JANARDAN YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The present revision application has been filed against the order, dtd. 8/8/2019, passed, by the learned 14th Additional Sessions Judge, Patna, in Special Case No. 84 of 2018, arising out of Mokama Police Station Case No. 205 of 2018, dtd. 1/8/2018, registered for the offence punishable under Ss. 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, whereby the learned 14th Additional Sessions Judge, Patna, has rejected the prayer of the petitioner for releasing his Hero Splendor Plus motorcycle, having no registration number at the time of seizure, but later on, he got registration number, i.e. BR 09AA/1487, in favour of the petitioner pending trial or confiscation proceeding.

(2.) The brief facts, giving rise to the present revision application, is that on the basis of written report submitted by Md. Kaisar Alam, Inspector and Station House Officer of Mokama Police Station, Mokama Police Station Case No. 205 of 2018 was registered, stating therein that while he, along with other police personnel, were going towards Begusarai and on the way, they overtook one Bolero vehicle, bearing Registration No. BR-09G/4762 and thereafter the driver of the said car and one motorcycle, who was allegedly escorting the said Bolero vehicle, tried to flee away in suspicious manner, but the police party, after chasing them, stopped the vehicles and asked the persons sitting therein as to why they were trying to flee away, then the apprehended accused persons disclosed that there is ganja in the bolero vehicle. Upon search of the Bolero vehicle, the police party recovered about 32 kgs of ganja, kept inside the bolero vehicle.

(3.) Learned counsel for the petitioner submits that petitioner is the owner of the seized Splendor Plus motorcycle, having Registration Number BR 09AA/1487. He further submits that the petitioner was driving the motorcycle and no ganja was recovered from the motorcycle and/or conscious possession of the petitioner. In support of his ownership, the petitioner has annexed the Insurance Certificate at Annexure-1 series. He further submits that the confiscation proceeding has not been initiated as yet and in view of Sec. 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the confiscation proceeding may not be initiated till the conclusion of the trial. He further submits that the motorcycle in question is kept in an open space in the police station and is subject to deterioration and losing its road worthiness on daily basis.