STATE Vs. RAMYAS THAKUR

JUDGEMENT

(1.) On the 15th/16th May, 1963, the Special Excise Sub-Inspector of Raxaul detected contraband Nepal Ganja being transported in a truck, bearing registered No. BRF 714. On being weighed, the ganja was found to be 31 maunds 28 seers. The Sub-Inspector arrested the driver and three other persons, who were travelling in the truck, and he also seized the truck. Subsequently, Ramyas Thakur, the owner of the truck, who is said to be a minor, was also made an accused in the case.

(2.) By an order dated the 12th June, 1963, Mr. D. Chandra, the Second Officer, who was then dealing with the files of the Subdivisional Magistrate, directed that the track be released on execution of a security bond of Rs. 8,000/- with four sureties of Rs. 2,000/- each. This order did not indicate clearly the person to whom the truck was to be released. The senior District Prosecutor moved Mr. Chandra for cancelling his previous order; but, by his order dated the 14th June, 1963, he rejected that prayer. In view of the vagueness of the order, however, the truck could not be released, and, in the meantime, a petition was moved before the permanent Sub-divisional Magistrate on the 17th June, 1963. He passed an order on the same date, rescinding Mr. Chandra's order dated the 12th June, and observed in the course of the order that the vehicle in question was a material exhibit, and its release might create complications. He also directed that the matter might be heard again, and that, until then, the vehicle would remain in the custody of the Superintendent of Excise.

(3.) Another petition was moved for release of the truck before Mr. Chandra, and, by his order dated the 10th September, 1963, he directed it to be released to Ramyas Thakur through his guardian and father, Jamuna Thakur, on his furnishing a security bond of Rs. 8,000/-with four sureties of Rs. 2,000/- each.