NAND BIHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed against the order dtd. 28/10/2020 passed by the learned Special Judge, N.D.P.S. Act, Baran (Rajasthan), whereby the application filed by the accused-petitioner under Sec. 457 Cr.P.C. for releasing the vehicle- Motor Cycle No. RJ-28-SN-0354 has been dismissed.

(2.) It is contended by the learned counsel for the petitioner that the petitioner is registered owner of the vehicle and there is no other rival claim for its release. Relying on the judgments of the Hon'ble Apex Court of India in cases of Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 290 and Coordinate Bench Judgments dtd. 14/8/2012 in S.B. Criminal Miscellaneous Petition No.2682/2012, Phool Singh vs. State of Rajasthan and in cases of Bal Mikand vs. State, 1994 CriLr (Raj) 4, Prakash Chand vs. State of Rajasthan, S.B. Criminal Miscellaneous PetitionNo.416/2010 decided on 12/3/2010 and Laxman vs. State of Rajasthan, S.B. Criminal Miscellaneous Petition No.61/2018 decided on 16/4/2018, learned counsel submitted that vehicle be given to the petitioner on furnishing 'supurdginama'.

(3.) Opposing the prayer, learned Public Prosecutor submitted that vehicle in question was used for commission of offence under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the Act of 1985") and can be subject-matter of confiscation under Sec. 60 of the Act of 1985 and hence, the petitioner is not entitled for release of the vehicle in his favour.