FIROZ SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes upon an application preferred by the appellant seeking release of the Motorcycle Hero Splender bearing Registration No. RJ35-SH8254, which was seized by the police in connection with the alleged offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) Briefly stated the facts of the case are that on 21/7/2020, the SHO, PS Hathunia alongwith his team intercepted a Motorcycle Hero Splender bearing Registration No. RJ35-SH8254, driven by the appellant. Upon search, three plastic sacks containing 103 kilograms of poppy husk were allegedly recovered from the said vehicle. Consequent to seizure, both the contraband and the vehicle were taken into custody.

(3.) It is the contention of learned Counsel for the appellant that the vehicle is a valuable property; it has been lying unattended in the open yard of the police station for nearly three years and has deteriorated in condition. The appellant, being the registered owner, has undertaken to produce the vehicle before the Court whenever required. It is urged that if the vehicle is allowed to lie in police custody, it would lose its utility and economic worth, which would serve neither the purpose of justice nor the ends of the law.