MANOJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the Union of India and learned counsel for the State.

(2.) IN the present application, the petitioner has prayed for quashing the order dated 10.8.2005 passed by the learned Sessions Judge, Bettiah in Cr. Misc. No. 44 of 2004 whereby he has refused to release the vehicle of the applicant seized in connection with unciiamed case no. 49/BTH/03 dated 9.12.2003. It appears that the Custom Inspector Circle, Bettiah seized vehicle Tata Sumo bearing registration no. BR -34 -7202, engine no. 483 -D1 -47EWZ -707719 and chasis no. 418015 which was loaded with 54 K.G. of cannabis. It is said that the vehicle was lying by the side of the road, seizure list was accordingly prepared and unciiamed case no. 49/BTH/03 dated 9.12.2003 was drawn up.

(3.) IT appears that the prayer for release of the vehicle has been refused by the learned Sessions Judge, Bettiah on the ground that the petitioner has filed to prove that the vehicle in question was used for a carrying ganja without his knowledge and connivance.