RADHA KISHAN GURJAR 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. 23/10/2021 passed by learned Special Judge, NDPS Cases No. 2, Chittorgarh in Criminal Case No. 248/2021 CIS No. 153/2021 pertaining to FIR No. 41/2020 registered at Police Station Begu, District Chittorgarh for the offences under Ss. 8/15, 8/25 and 29 of the N.D.P.S. Act, whereby the prayer to release the seized Tata Pickup 407 bearing No. RJ20-GB-4885 on supurdaginama in favour of the petitioner, has been rejected.

(2.) As per prosecution story, 13 quintal 64 Kgs of poppy husk without having any license or permit was recovered from the Tata Pickup 407 bearing No. RJ20-GB-4885. After investigation, the police found that petitioner was the owner of the said vehicle.

(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.