BHIYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition under Section 482 of Cr.P.C. against the order dated 04.04.2017 passed by learned Special Judge, NDPS Act cases, Bhilwara in Criminal original Case No. 37/2017 (Arising out of FIR No. 45/2017) registered at Police Station Bigod, District Bhilwara for the offence under Section 8/18 of the NDPS Act) whereby the learned court below has rejected the application filed by the petitioner under Section 457 of the Cr.P.C. for custody of cash and vehicle.

(2.) Learned counsel for the petitioner has stated that the charge-sheet has already been filed and the petitioner is a registered owner of the vehicle.

(3.) 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.