KIRTA RAM Vs. STATE OF RAJASHTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under S. 482, Cr. P. C. is directed against the order dt. 7-3-2006 passed by Special judge, NDPS Cases, Chittorgarh (for short the trial Court') hereinafter, whereby an application filed by the petitioner under Section 457, Cr. P. C. seeking interim custody, of the vehicle bearing registration No. RJ04/t-0379, was dismissed.

(2.) I have heard learned counsel for the petitioner and the publjc prosecutor for the state. Carefully gone through the order impugned as also the material available on record.

(3.) IT is contended by learned counsel for the petitioner that the petitioner is a registered owner of the vehicle Tata Spacio bearing registratiqn No. RJ04/t-0379, which was seized by the police while it was used as conveyance by transporting 7 quintals and 28 kgs. of poppy straw in 18 bags on 15-7-2005. It is further contended by the learned counsel for the petitioner that no useful purpose will be served in allowing the vehicle to remain at police station during the pendency of the case. Learned counsel for the petitioner has relied on a decision of hon'ble Supreme Court in Sunderbhai ambalal Desai v. State of Gujarat, 2003 (1) WLC (SC) Cri 253 : (AIR 2003 SC 638) and two decisions of this Court in Sant Lal v. State of Rajasthan, 2006 (2) RLW 890 and in Govind Singh v. State of Rajasthan, 2007 WLC (Raj) UC 255.