RAJKIRAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 30.08.2017 passed by learned Special Judge, NDPS Cases, Chittorgarh in Criminal Misc. Case No. 287/2017 in connection with FIR No. 65/2017 registered at Police Station Mangalwar, District Chittorgarh in Sessions Case No. 43/2017 for the offences under Sections 8/15, 25 & 29 of NDPS Act by which he has dismissed the application filed under Section 457 Cr.P.C.

(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 : -