MAHADEV DAS Vs. UNION OF INDIA

JUDGEMENT

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

(2.) PETITIONER is the owner of the truck bearing Registation No. WB -57/4557 which was seized in connection with N.D. P.S. Case No. 18 of 2008 by the authorities of the Customs Department and presently the truck is parked in front of the Custom Office at Motihari. It is submitted by the counsel for the Union of India that having seized the vehicle alongwith goods laden thereon a prosecution has been lodged under Section 36(A)(4) of the N.D.P.S. Act before the competent court and the truck is in the custody of the court concerned.

(3.) THE owner of the truck has not been made an accused in the present case, so submitted the counsel for the petitioner. As neither the owner of the truck nor her husband has been made accused in the case, it is directed that the truck -in -question bearing Registration No. WB -57/4557 be released in favour of the owner and custody thereof be given to the husband, petitioner herein, on furnishing sufficient security as also filing of an undertaking that the truck -in -question shall be produced before the court concerned as and when required in course of the trial. The impugned order dated 26.3.2008 passed by the Sessions Judge, East Champaran at Motihari in N.D.P.S. Case No. 18. of 2008 is, accordingly, set aside.