JAGTAR SINGH JATSIKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Sec. 482 Crimial P.C., 1973 against the order dated 14.09.2017 passed by learned Special Judge, NDPS Act Cases, Sujangarh, District Churu in Sessions Case No. 03/2017 arising out of FIR No. 91/2016 of Chapar Police Station, District Churu for the offence under Sec. 8/15 of NDPS Act by which dismissed the application under Sec. 457 Crimial P.C., 1973 filed by the petitioner for releasing the vehicle.

(2.) Learned counsel for the petitioner has made a limited argument that under Sec. 451 Crimial P.C., 1973 the domain of the learned court would be to order for custody and disposal of the property pending trial in certain cases. Furthermore, under Sec. 451 Crimial P.C., 1973 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 Honourable Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, reported in AIR 2003 SC 638, relevant portion of which is as follows:-