RAKESH KUMAR BHARTI 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. 9/1/2023 passed by learned Special Judge NDPS Cases, Bikaner in Cr. Misc. Case No.236/2022 pertaining to FIR No. 98/2022 registered at Police Station Chhatargarh, District Bikaner for the offences under Ss. 8/15, 25 and 29 of the N.D.P.S. Act, whereby the prayer to release the seized Swift Dzire Car bearing No.HR-76-B- 6412 (hereinafter referred to as vehicle in question) on supurdaginama in favour of the petitioner, has been rejected.

(2.) As per prosecution story, 20kg poppy straw without having any license or permit was recovered from the said vehicle in question. After investigation, the police found that petitioner was owner of the said vehicle.

(3.) The trial court has rejected the application filed under Sec. 457 Cr.P.C. by the petitioner seeking interim custody of the vehicle in question on the ground of severity of offence and on the ground that narcotic substance was recovered from the possession of the petitioner.