BHOLA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition has been preferred under Sec. 482 CrPC for quashing the impugned order dtd. 28/6/2016 passed by Ld. Additional Sessions Judge, 1 st Gopalganj in Trial No. 39 of 2015/27 of 2016 arising out of Bijaipur PS Case No. 131/2015 registered for an offence punishable under Ss. 8, 20 and 22 of the NDPS Act and for releasing the motorcycle bearing No. U.P. 52 AF 8259 and a mobile of Gionee Company bearing IMEI No. 8676450205 and its sim of mobile No. 9628877640.

(2.) The factual matrix as emerging from the record is that on a written report of informant Chandan Kumar, Bijaipur PS Case No. 131/2015 was registered for an offence punishable under Ss. 8, 20 and 22 of the NDPS Act against Sahebzada @ Gabbar and Bhola Singh @ Ayush. As per FIR, the accused persons were driving the motorcycle in question and during vehicle checking, they attempted to drive fast, whereupon, they were stopped and checked, whereupon, from the dickey of the motorcycle 1.9 Kilograms of Ganja was seized. After investigation, charge-sheet has been submitted and cognizance has been taken against both the accused persons. Even charge has been framed against them on 18/2/2016.

(3.) It further transpires that during trial, the application was moved on behalf of the petitioner who is an accused also, for releasing the motorcycle bearing No. U.P. 52 AF 8259 and a mobile of Gionee Company bearing IMEI No. 8676450205 and its sim of mobile No. 9628877640 which are kept in Bijaipur police station campus in the open sky, submitting that he is owner of the vehicle and mobile in question and he has been falsely implicated in the case, as he has nothing to do with the alleged offence. However, the application was dismissed by the impugned order holding as follows:-