SANT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the order 30. 9. 2005 passed by the learned Sessions Judge, Dholpur whereby he has rejected the application of the petitioner to release the truck involved in an offence under Section 8/15 N. D. P. S. Act.

(2.) THE brief facts of the case are that on 11. 9. 2005 at about 8. 30 p. m. while Shri Rajesh Pathak, S. I. S. H. O. , Police Station Maina, District Dholpur, was on a patrolling duty at around 11. 00 p. m. a truck bearing No. HR-38b-7875 was seen coming from Dholpur. When the truck was stopped some men and women found sitting at the back of the truck fled. When the truck was searched nothing was found in the truck. However, the police became suspicious about the truck. Some bags carried by the petitioners were found in the truck in which some poppy husk in a small quantity was discovered. Since, the persons carrying poppy husk were not carrying any licence, therefore, they committed an offence under Section 8/15 N. D. P. S. Act. Consequently, the truck was seized by the police.