SUKHDEV SINGH Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) In the present application preferred under section 482 of the Code of Criminal Procedure, 1973 (for short 'CrPC') the petitioner has sought for quashing of the order dated 04.07.2016 passed by the learned Session Judge-cum-Special Judge, DRI (NDPS), Muzaffarpur, in DRI (NDPS) Case No.10 of 2016 whereby the petitioner's petition for release of his truck bearing Registration No.HR 55G 6296 seized in connection with the aforesaid case has been rejected.

(2.) The DRI (NDPS) Case No.10 of 2016 was registered on 16.02.2016 on the basis of written complaint made by one Ajay Kumar, Intelligence Officer, DRI, Muzaffarpur.

(3.) The complainant alleged that the officers of the DRI, Regional Unit, Muzaffarpur intercepted a Tata Truck (container body) bearing Registration No.HR 55G 6296 on 15.02.2016 at Maithi Toll Plaza, NH-57, Muzaffarpur acting upon a secret information. The said truck was being driven by one Hariom. On search 15 packets of Ganja wrapped in black colour polythene and kept in white plastic sacks were recovered concealed in the specially designed secret cavity on the hood of the driver cabin of the said truck. Five more packets of Ganja were recovered from the back portion of the truck concealed under 316 cartons of Rajnigandha Pan Masala. The gross weight of 20 packets of Ganja was found to be 311 Kgs. 260 grams and the net weight was found to be 306 Kgs. The value of the said Ganja seized was found to be Rs. 12,24,000/- and the truck in question was valued at Rs. 6,30,000/-. The Ganja recovered from the truck was seized and a seizure list was drawn in presence of the witnesses and the accused Hariom was arrested in exercise of powers conferred under Section 43(b) of the Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') having reason to believe that he is liable for punishment under Sections 20, 25 and 29 of the NDPS Act for violation of Section 8(c) of the said Act.