FOOL CHAND DHAKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition under Sec. 397/401 Cr.P.C against the order dtd. 13/9/2021 passed by learned Special Judge, NDPS Act Cases No.2, Chittorgarh in Criminal Case No. 209/2021 pertaining to FIR No. 135/2019 registered at Police Station Parsoli, District Chittorgarh for the offences under Ss. 8/18 and 8/25 of the N.D.P.S. Act, whereby the prayer to release the seized vehicle on supurdaginama in favour of the petitioner, has been rejected.

(2.) Learned counsel for the petitioner submits that petitioner is the registered owner of the motorcycle bearing registration No. RJ-09-SW-4855 seized in the FIR No. 135/2019 for the offences under Ss. 8/18 and 8/25 of the N.D.P.S. Act. He further submits that learned trial Court grossly erred in rejecting the application seeking interim custody of the motorcycle on the ground that motorcycle is liable to be confiscated under the provisions of the 60 of the N.D.P.S Act.

(3.) Heard learned counsel for the parties and perused the material available on record as well the order impugned.