AJAY THAKUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-Ajay Thakur, a practicing Advocate at Mumbai, has laid this revision petition under Section 397 / 401 Cr.P.C. to challenge order dated 06.01.2018, passed by Special Judge, N.D.P.S. Cases (Additional District & Sessions Judge, No.1), Barmer (for short, 'learned Court below'), rejecting his application under Section 457 Cr.P.C. in C.R. No.93/2016 of Police Station RGT, Rawalinadi, District Barmer.

(2.) Pursuant to investigation into C.R.No.93/2016, Innova Vehicle bearing No.MH-01-YA-5235, was seized by Police for allegedly carrying poppy straw without permit or licence. The occupants of the vehicle were apprehended and contraband poppy straw lying in car was seized alongwith the vehicle in question. Investigation is still in progress. When petitioner came to know about seizure of his vehicle, he made endeavour before learned Court below by laying application under Section 457 Cr.P.C., inter- alia, on the ground that he is the registered owner of vehicle and the said vehicle was stolen from Mumbai on 11.12.2015. In support thereof, petitioner has placed on record requisite Registration Certificate and the FIR registered with Mahim Police Station, Mumbai. It is, inter-alia, pleaded by the petitioner before the learned Court below that he is having no nexus whatsoever with the contraband recovered from the vehicle and the accused persons have used his stolen vehicle in commission of the offence, and therefore, the same may be released on "Supardginama". The learned Court below, by the order impugned, has declined the prayer of the petitioner.

(3.) I have heard learned counsel for the petitioner, learned Public Prosecutor and perused the available material, including the Registration Certificate of the vehicle and FIR No.453/2015, registered at Mahim Police Station, Mumbai.