SMT. SHEELA Vs. STATE

JUDGEMENT

(1.) Instant petition under Sec. 482, Crimial P.C. has been filed against order dated 02.05.2007 in Cr. Misc. Appl. No. 5/07 in Sess. Case No. 2/2007 whereby trial Judge (Spl. Judge, NDPS Cases) Jaipur rejected application of petitioner for release of Car (Tata Indica) No. CH-3E-9550 seized during investigation in FIR No. 305/06 lodged at PS Pragpura (Jaipur District) for offence under Sec. 8/15 NDPS Act.

(2.) Pendente investigation, Car (Tata Indica) No. CH-3E-9550 of manufacturing year 2001 was seized by investigating agency on 10.09.2006. After challan was filed before trial Court, petitioner filed an application for release of aforesaid vehicle on superdginama under Sec. 457, Crimial P.C. pendente trial. Learned trial Judge after taking note of material on record, rejected the application on the premise that this vehicle has been used in commission of alleged offence and during investigation, statements were recoded of alleged other owners (Harprit & Mahendra Lal) of the vehicle and it was alleged that the vehicle was firstly transferred to Harprit and thereafter Harprit further transferred it to Mahendra Lal; in such circumstances there is no reasonable justification come forward to release the vehicle in favour of petitioner and that apart, it may affect trial, as well.

(3.) Counsel submits that petitioner is registered owner of vehicle in question and no one except him has come forward to claim for release thereof on superdgi whereas other alleged owners Harprit & Mahendralal filed their joint affidavit relinquishing their claim which has been taken note of learned trial Court while passing order impugned and this fact cannot be lost sight of that in case the vehicle is not released in his favour, and remain in police custody duly seized rather by passage of time it may result into a scrape having house for him in future. Counsel further submits that petitioner is neither an accused nor in any manner connected with commission of offence alleged in instant FIR rather otherwise it is hypothecated to the Bank and he is ready to abide by condition which this Court may deem proper to impose for release of the vehicle.