SANDEEP VISHWANATH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) By way of this misc. petition, the petitioner Sandeep Vishwanath has approached this Court being aggrieved of the order dated 21.7.2015 passed by the learned Special Judge (NDPS Act Cases), Jodhpur in connection with Sessions Case No.39/2015 whereby, the application preferred by the petitioner under Section 457 Cr.P.C. seeking interim custody of Innova bearing registration No.MH12 EM 9069 was rejected.

(2.) The notice of respondent No.2 Mangi Lal Bishnoi has been served but nobody has appeared on his behalf.

(3.) The petitioner claims to be the registered owner of the vehicle in question. The vehicle was seized from two accused namely Sohan Lal and Heera Ram, who were apprehended plying 21 Kgs. of poppy straw therein. The petitioner, who is a resident of Pune filed an FIR regarding the theft of his registered vehicle at the Police Station Varsova, Mumbai (Maharashtra) on 27.4.2015. The vehicle could not be recovered during the course of the investigation of the said FIR and finally, it was seized from the above two accused while they were plying poppy straw therein after applying duplicate number plate bearing registration No.GJ01.KP.7855. Learned counsel submits that the petitioner has nothing to do with the alleged transportation of the contraband poppy straw. He is the actual and registered owner of the vehicle, which was stolen from his possession. The petitioner promptly filed the FIR at the Police Station Varsova on 27.4.2015 regarding the theft of his registered vehicle. As such, the bona fides of the petitioner cannot be doubted. He, therefore, prays that the petitioner deserves to be given interim custody of the vehicle during pendency of the trial.