SURAJ MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition under sec.397 read with sec.401 CrPC is directed against order dated 16 th September 2011 passed by learned Special Judge, NDPS Cases, Banswara in Cr. Case No.331/2011 (State v. Suraj Mal) whereby while releasing the vehicle Hero Hondo motorcycle No.RJ-03-SB-7033, petitioner was ordered to furnish Bank guarantee of Rs.50,000/-.

(2.) Notices were issued to the Public Prosecutor for final disposal. Learned Public Prosecutor Mr Anees Bhurat present in the court accepted notices. With the consent of both sides, this Cr. Revision Petition is heard for final disposal at the admission stage.

(3.) Brief facts of the case are that on 14 th April 2011 when Police stopped a motorcycle, the motorcycle run to evade and when Police chased the motorcycle, the motorcycle rider left the motorcycle and ran away. In the motorcycle, a bag was found in which 9.500 kgs poppy husk was found then the aforesaid motorcycle and said contraband so recovered was seized.