VIKAS KUMAR @ VICKY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision petition, the petitioner has challenged the order dated 19.03.2009 passed by the learned Special Judge, NDPS Act Cases, Sri Ganganagar by which the learned trial court refused to release the vehicle on "Supurdginama".

(2.) Learned counsel for the petitioner submits that Motor Vehicle in the case in hand belongs to the petitioner but it was not registered in his name because he purchased the said vehicle 7-8 days prior to the alleged offence. As per the order of the learned trial court, the Engine and Chassis number of said vehicle are Engine No. GA-84-G-41440 and Chassis No.82-G-11806. The said vehicle was caught carrying contraband of Doda Post to the quantity of 80 KG and two persons namely Rakesh @ Kala and Devendra were on the spot and Sanjay and Vikas @ Vicky were alleged as accused also on the basis of ownership of the vehicle. Challan has already been filed in the Court of Special Judge, NDPS Cases, Sri Ganganagar.

(3.) Learned counsel for the petitioner submits that in the similar matter i.e. S.B. Criminal Misc. Petition no.416/2010 decided on 12.03.2010 Prakash Chand v. State of Rajasthan reported in 2010 (1) Cr.L.R. [Raj.] 507, the vehicle was released on "Supurdginama" to the actual owner of the vehicle.