RAJENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has challenged the order, dated 17.04.2012, passed by the Special Judge, NDPS Cases, Bhilwara, whereby the learned Judge has dismissed the appellant's application under Section 452 Cr.P.C., for handing over the possession of the TATA 407, bearing registration No.RJ-01-G-2335 to him.

(2.) The brief facts of the case are that the abovenoted vehicle was involved in transportation of contraband drugs. Consequently, it was seized by the police.

(3.) Subsequently, a challan had been filed against the FloatingFrame FloatingFrame appellant along with other co-accused persons for offences under Sections 8/15 and 8/25 of NDPS Act. By judgment, dated 17.07.2010, while the appellant was acquitted of offence under Section 8/25 of NDPS Act, he was convicted for offence under Section 8/15 of NDPS Act. He has been sentenced to ten years of rigorous imprisonment and imposed with a fine of Rs.1,00,000/-. The appellant has filed an appeal against the said judgment which is still pending before this court. During the pendency of the appeal, the appellant had moved an application under Section 452 Cr.P.C. for seeking the custody of the vehicle.