ONKAR SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition under Sec. 397 and 401 Cr.P.C against the order dtd. 26/11/2021 passed by learned Special Judge NDPS Cases No. 1, Chittorgarh in Criminal Misc. Case No.868/2021 (CIS No. 184/2021) in connection with FIR No.204/2021 registered at Police Station Chanderiya District Chittorgarh for the offences under Sec. 8/15 of the N.D.P.S. Act, whereby the prayer to release the seized Tata truck bearing No. HR 55 W 1770, original RC and Insurance on supurdaginama in favour of the petitioner, has been rejected.

(2.) As per prosecution story, on search, Police found 9 kg of poppy husk etc. without having any license or permit from the truck bearing number HR 55 W 1770.The trial court has rejected the application filed under Sec. 451 Cr.P.C. by the petitioner seeking interim custody of the subject vehicle on the ground of severity of offence and possessing the narcotic substance by the petitioner.

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