YASEEN KHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) - By this petition under Sec. 482 Crimial P.C., petitioner, a registered owner of vehicle Bolero Camper bearing No. RJ-05-UA-0193, has ventilated his grievance against the impugned judgment dated 19th of May, 2014 rendered by Special Judge, NDPS Cases, Bhilwara (for short, 'learned trial Court'), whereby learned trial Court, while convicting the accused persons for offence under Sec. 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), has ordered confiscation of the said vehicle allegedly carrying contraband. While handing down sentence to the accused persons, the learned trial Court has also recalled its earlier order dated 22nd of July, 2011, whereby the vehicle was released on Supardginama under Sec. 451 Cr.P.C.

(2.) Learned counsel for the petitioner submits that against the judgment of learned trial Court both the accused persons preferred separate appeals before this Court, which were registered as S.B. Criminal Appeal Nos.356/2015 and 443/2014 respectively and, in both the appeals, conviction of the accused persons for the offence under Sec. 8/15 of the NDPS Act is set aside. Learned counsel, therefore, in that background, submits that now there remains no plausible reason for confiscation of the vehicle allegedly carrying contraband and its subsequent auction. Relying on affidavit of the petitioner, it is submitted by learned counsel for the petitioner that so far the vehicle has not been put to auction.

(3.) Learned Public Prosecutor, Mr. Rajpurohit, has opposed the prayer, in general, while admitting the fact that the judgment passed by the learned trial Court has been set aside by this Court vis-a-vis both the accused persons.