UNION OF INDIA Vs. JOGA SINGH

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 03.08.2021 passed by the learned Principal Sessions Judge, Jammu (hereinafter to be referred as the Sessions Judge) directing the release of vehicle (Truck) bearing registration No. JK02AH 4267 seized by the petitioner-Union of India with a prayer for setting aside the same.

(2.) The petitioner is aggrieved of the order impugned directing the release of the aforesaid vehicle on the supurdnama of the respondent as the same was involved in the transportation of huge quantity of narcotic drugs, which is illegal.

(3.) It is stated that on 16.07.2021, the Narcotic Control Bureau, Jammu recovered 250 Kgs Poppy Straw at Main Gate of Narwal Mandi, Jammu from the possession of one Janak Singh, who was arrested on the same date for commission of offences under sections 8, 15 and 60 of the Narcotic Drugs Psychotropic Substances Act and the vehicle in question that was used to transport the narcotic drugs, was also seized by the respondent team. It is further stated that the petitioner had filed the objections to the application filed by the respondent for release of the vehicle in question and during the course of the argument, the petitioner vehemently opposed releasing of the vehicle in question as the same having been involved in a very serious and heinous offence. It is further stated that the learned Sessions Judge without considering the arguments of the petitioner, has directed release of the vehicle in question on the supurdnama of the respondent vide order dated 03.08.2021 (supra), which is arbitrary exercise of jurisdiction.