AJAY REGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the instant revision petition under Section 397/401 Cr.P.C. seeking to assail the order dated 22.10.2019 passed by the learned Special Judge, NDPS Act Cases, Jodhpur in Criminal Misc. Application No. 382/2019, whereby the application filed by the petitioner under Section 451/457 Cr.P.C. for getting his Bolero vehicle No. RJ-19-UA-4263 released on Supurdginama was rejected.

(2.) I have heard and considered the arguments advanced at bar and gone through the material available on record.

(3.) Admittedly, the petitioner is the registered owner of the vehicle in question. He claims to have sold the same to his brother Rakesh through an agreement. Rakesh rather than paying the installments towards the hire purchase agreement executed with the Finance Company, i.e. Cholamandalam Investment and Finance Company Limited, misused the vehicle by using it to ply contraband poppy straw weighing 20 kg., which was seized by the SHO, Police Station Bhopalgarh on 17.4.2019. The petitioner claims to have rescinded the agreement to sale. It is further stated that the entire dues of the finance company, i.e. Cholamandalam Investment and Finance Company Limited, from whom the finance facility for purchasing the vehicle in question was availed, have been cleared off.