AJARUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition under Sec. 397/401 Cr.P.C against the order dtd. 27/7/2021 passed by learned Special Judge, NDPS Act Cases, Phalodi, District Jodhpur in Criminal Case No.450/2021 pertaining to FIR No.101/2021 registered at Police Station Phalodi, District Jodhpur for the offences under Ss. 8/21 and 29 of the N.D.P.S. Act, whereby the prayer to release the seized Swift car bearing No.RJ04-CE-0313 on supurdaginama in favour of the petitioner, has been rejected.

(2.) As per prosecution story, 50.75 grams of smack without having any license or permit was recovered from the Swift Car bearing No. RJ04-CE-0313 . After investigation, the police found that one Abdul Rehman was owner of the said vehicle and there is an agreement to sale between the petitioner and said Abdul Rehman 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. Heard learned counsel for the parties and perused the material available on record as well the order impugned. Learned counsel for the petitioner while praying for interim custody of the subject vehicle submits that there is an agreement to sale whereby one Abdul Rehman sold out the said car to the petitioner, and therefore, he is entitled for interim custody of the vehicle. The learned counsel for the petitioner has relied upon the judgment rendered n the case of Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 283, to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.