SURJA RAM Vs. STATE

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition under Sec. 397/401 Cr.P.C. against the order dtd. 1/8/2018 passed by learned Addl. Sessions Judge, Sumerpur, District Pali in Criminal Case No. 24/2018 pertaining to FIR No. 01/2018 registered at Police Station Sanderao, District Pali for the offences under Ss. 8/15 and 29 of the N.D.P.S. Act, whereby the prayer to release the seized Swift VDI car bearing No. RJ39-CA-1800 on supurdaginama in favour of the petitioner, has been rejected.

(2.) As per prosecution story, 47.100 Kgs of poppy husk without having any license or permit was recovered from the Swift VDI Car bearing No. RJ39-CA-1800. After investigation, the police found that one Bhajan Lal Bishnoi was owner of the said vehicle and there is an agreement to sale dtd. 4/9/2017 between the petitioner and said Bhajan Lal Bishnoi for selling the said car to the petitioner.

(3.) 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.