LAISANGTHEM SANATHOMBA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision is directed against the order dated 7.3.2003 passed by the Special Judge, Kishanganj in Special Case No. 8 of 2001 refusing to release the bus bearing registration No. MN-04-5255 which was seized by the officials of the Custom Department on 24.3.2001 at Khagare Railway Crossing (N.H. 31) Kishanganj.

(2.) On 23rd March, 2001, an information was received in the office of Customs (P) Kishanganj that contraband ganjas are being transported from Imphal to Calcutta by bus bearing the aforesaid name through Kishanganj. The information was conveyed to the Superintendent Customs (P) Kishanganj who on receiving the said information constituted the preventive team of the officers of the Custom Department to intercept the bus. Thereafter, the officers deputed came near Faring Gola for intercepting the said bus. At 5.50 a.m. on the same date, the bus passed through the Faring Gola on the National Highway 31. The bus was chased and the same was stopped at Khagra Railway Crossing, Kishanganj. The preventive team gave their identity and the purpose for searching the bus. They asked the driver of the bus if the search should be conducted before the Magistrate or the Gazetted Officer, the driver declined. The driver and khalasi disclosed their names and addresses. In the meantime, one of the passengers tried to escape. He was chased and apprehended and disclosed his name as K. Aran Singh and the said man confessed that ganja was being transported by the bus in secret cavity on the floor of the bus and claimed himself to be the owner. Thereafter, the secret cavity was located with the help of driver and khalasi. Thereafter, the driver, khalasi and K. Aran Singh requested that the secret cavity should be opened at safe place because large number of persons have assembled and thereafter on their request the bus was taken to Custom Office and on breaking the secret cavity in presence independent witnesses 225 Kgs worth Rs. 4,50,000/- was recovered and the bus and the articles were seized. Thereafter, the driver and khalasi of the said but and also Aran Singh gave their voluntary statement and they were interrogated by Superintendent Customs (P), Kishanganj and also disclosed the name of the owner of the bus. Subsequently, the complaint was filled.

(3.) The petitioner claiming to be the owner of the bus filed an application for release of the bus which has been rejected by the Special Judge, Kishanganj as stated above. Thereafter, the present application has been filed.