SUKH SAGAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for setting aside the order dtd. 6/9/2022, passed by the learned 1st Additional Sessions Judge, Begusarai, in NDPS Case No. 30/2021, arising out of Sahebpur Kamal Police Station Case No. 288 of 2021, dtd. 3/12/2021, registered for the offences punishable under Ss. 414/120-B of the Indian Penal Code, Ss. 8(c)/21(c)/25/35 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Ss. 25(1-b)a/26/35 of the Arms Act, whereby the learned 1st Additional Sessions Judge, Begusarai, has rejected the prayer of the petitioner for release of TATA Tigor car, bearing Registration No. BR 09 AJ/0706, in his favour, which was seized in connection with Sahebpur Kamal Police Station Case No. 288 of 2021. The petitioner has further prayed for a direction to the District Court to release the car, in question, in his favour.

(2.) The brief facts, giving rise to the present writ application, is that the car of the petitioner, bearing Registration No. BR 09 AJ/0706, was parked outside the house of the FIR-named accused and on search being made, 385 gms. of brown sugar was recovered from the said car. It has been alleged that the car, in question, was being used by the FIR-named accused persons for transportation of contraband substance and brown sugar has also been recovered from the same. The petitioner has been added as non-FIR named accused.

(3.) Learned Counsel for the petitioner submits that petitioner is the owner of the seized car, bearing Registration No. BR 09 AJ/0706. He was not aware about the brown sugar being kept inside the car. He further submits that the petitioner is not named in the First Information Report and his car was actually seized on 2/12/2021 by the police, which would be evident from the Gps data, but the actual seizure has been shown by the police after lodging of the First Information Report against other accused persons on 3/12/2021. In support of his claim of ownership, the petitioner has annexed the registration certificate (owner book) at Annexure-2. He further submits that the confiscation proceeding has not yet been initiated 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 car, 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.