GURPREET SINGH CHAHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition praying that the impugned order dtd. 19/4/2022 passed by learned Special Judge, Narcotics Drugs and Psychotropic Substance Act, Bikaner arising out of FIR No.27/2022 registered at Police Station Gajner, Bikaner be set aside and spent earth be released in favour of the petitioner.

(2.) The learned counsel for the petitioner states at Bar that no confiscation proceedings are pending qua the spent earth and the same is case property. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the article should not be permitted to remain in the police station and shall not remain useful. The Hon'ble Apex Court in Sunderbhai (Supra) has held as under:-

(3.) Learned Public Prosecutor is not in a position to refute the above position. Learned Public Prosecutor has shown the report, where the investigating officer has opined that if the same is released, there is no objection. The report is taken is taken on record.