ASHOK TRANSPORT COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present petition praying that the order dtd. 22/12/2022 passed by learned Special Judge, NDPS Court NO.1, Chittorgarh, be set aside, whereby the said court refused to grant custody of seized 800 cement bags (50 Kg. each) to the petitioner. The cement was seized in connection with FIR No.06/2022 registered at CBN Singoli, District Neemach (M.P.) for the offence under Ss. 8/15 of NDPS Act.

(2.) At the outset, learned counsel for the petitioner submits that the petition is for releasing the 800 cement bags seized in a NDPS case, as between such goods, NPS contraband was being carried. Learned counsel further states that confiscation proceedings have not been initiated till now. The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, to contend that the Supreme court has held that the article should not be permitted to remain in the police station as same shall not remain useful. The Hon'ble Apex Court in Sunderbhai (Supra) has held as under:-

(3.) Learned Special Public Prosecutor and learned counsel for the respondent-Mr. KS Nahar fairly submit that there is total 789 of cement bags, which are amounting to Rs.1,75,000.00. They further submit that confiscation proceedings have not been initiated till now.