JAI TRADERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this misc. petition under Sec. 482 Cr.P.C. challenging the order dtd. 23/10/2029 passed in misc. application No. 382/2019 by learned Special Judge (NDPS Act Cases) and Addl. Sessions Judge No. 1, Beawar arising out of FIR No. 73/2019 PS Vijay Nagar, Ajmer for offence under Sec. 8/15 of the NDPS Act whereby the application of the petitioner for releasing the goods/articles (paper scrap) which were being transported in Truck No. PB 13 AR 9773 and seized by the police in connection with the aforesaid FIR, has been rejected.

(2.) Learned counsel for the petitioner submits that on 5/3/2019, an FIR No. 73/2019 was registered at Police Station Vijay Nagar, Ajmer for offence under Sec. 8/15 of NDPS Act in connection with recovery of contraband opium dodapost chura (powder) from truck No. PB 13 AR 9773. Learned counsel submits that the petitioner engaged Satpal Transport Company for consigning his goods and his goods were also being transported in the said truck. During investigation, the police also seized the goods (paper scrap) of the petitioner lying in the truck at that time. The petitioner moved an application for releasing the aforesaid goods before the learned trial court. However, the learned trial court rejected the application vide order dtd. 23/10/2019.

(3.) Learned counsel for the petitioner submits that the petitioner has nothing to do with the contraband allegedly recovered from the said truck. He further submits that charge sheet has been filed in the matter and the petitioner has not been found involved in commission of the alleged crime in any manner and now, there is no requirement of the aforesaid goods/articles of the petitioner. He further submits that the petitioner is ready to comply with the procedure defined under the NDPS Act for making inventory of the case property, if necessary so that same will be treated as primary evidence in the absence of or disposal of the case property during trial. He also submits that if the aforesaid articles of the petitioner would not be released, they would be of no use. He thus, prays that the paper scrap seized by the police from the truck in connection with the FIR may be released on supurdagi. He has placed reliance on the judgment passed in the case of Sunderbhai Ambalal Desai v. State of Gujarat, reported in AIR 2003 SC 638.