JASVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred against the order dated 17.01.2017 passed by the learned Additional Sessions Judge, Sujangarh, District Churu in Criminal Misc. Application No.13/2017 (arising out of FIR No.357/2016 registered at Police Station, Sujangarh, District Churu for the offence under Section 8/15 of the NDPS Act), whereby the learned court below declined to release the truck in question on supurdaginama and accordingly, rejected the application under Section 457 Cr.P.C. filed by the petitioner.

(2.) Learned counsel for the petitioner has made a limited argument that under Section 451 Cr.P.C., the domain of the learned court would be to order for custody and disposal of the property pending trial in certain cases. Furthermore, under Section 451 Cr.P.C. in Explanation, as per learned counsel for the petitioner, the word "property" includes any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

(3.) Learned counsel for the petitioner has placed reliance on the judgment of the Hon'ble Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 AIR(SC) 638, relevant portion of which is as follows:-