PEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) In this case, the vehicle of the petitioner was seized in connection with FIR No.75/2010 of Pipar City Excise Police Station, District Jodhpur. The case of the petitioner is that he is registered owner of the vehicle and for the purpose of releasing the said vehicle, he preferred an application under Sec. 457 Crimial P.C. before Special Judge, N.D.P.S. Act Cases, Jodhpur. The Special Judge rejected the said application on the ground that 200 grams opium was recovered from the said vehicle, therefore, it is not proper to release the vehicle to the registered owner because in the trial, the said vehicle is required.

(3.) Learned counsel for the petitioner submits that in this case, the petitioner himself is accused and he is registered owner of the vehicle and no useful purpose will be served to keep the vehicle in the police station. The contraband article has already been recovered and now being registered owner, he is entitled for custody of the said vehicle and he is ready to furnish 'supardginama' and bail bonds for releasing the vehicle and this vehicle is not required further in this case.