BHERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 9.06.2017 passed by R.H.J.S. learned Special Judge, N.D.P.S. Cases, Jodhpur in Criminal Case No.128/2017 pertaining to Sessions Case No.47/2017 arising out of FIR No.70/2017 Police Station Shastri Nagar, Jodhpur for the offence under SEction 8/15, 25 N.D.P.S. Act, who whereby rejected the application under Section 457 Cr.P.C. filed by the petitioner to extent of releasing the bus.

(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:-