ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner - Ashok Kumar facing trial for offence under Sections 8 of 15 and 8 of 25, of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), has laid this revision petition under Section 397 read with Section 401 Cr.P.C. to assail impugned order dated 24.01.2018 passed by Special Judge, N.D.P.S. Cases, Bhilwara (for short, 'learned trial Court'), whereby learned trial Court rejected his application under Section 457 Cr.P.C.

(2.) At the threshold, an application was moved by petitioner before learned trial Court under Section 457 Cr.P.C. for release of car (Alto) having Registration No. RJ-19-CG-6637 on Supardginama, which was seized by the Police for allegedly carrying 22 Kg poppy straw, i.e., below commercial quantity. Learned trial Court declined the prayer of the petitioner precisely on the ground that petitioner was registered owner of the vehicle in question transporting the contraband without any permit or licence. Besides that the application did not find favour of the learned trial Court for the reason that after conviction of the petitioner the vehicle is liable for confiscation under Sec. 60(3) of the NDPS Act entailing its rejection by order dated 24.01.2018. Being aggrieved by the same, petitioner preferred this criminal revision.

(3.) I have heard learned counsel for the petitioner and learned Public Prosecutor for the State.