SHAITAN ISHWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Shaitan Singh, power of attorney of Smt. Pappu Kanwar W/o Shri Bhoor Singh, has laid this revision petition under Section 397 read with Section 401 Cr.P.C. to challenge impugned order dated 22nd of January 2018 passed by Special Judge, NDPS Cases (Addl. Sessions Judge No.1) Barmer (for short, "learned trial Court") rejecting his application under Section 457 Cr.P.C. in Sessions Case No.03/2018 for release of scorpio vehicle bearing No.RJ-15-UA-1062.

(2.) Facts, in brief, giving rise to this petition are that Police during patrolling at about 1:15 PM intercepted the aforesaid vehicle on 29th of May, 2017, which was being driven by petitioner Shaitan Singh accompanied by one Veer Singh. Upon search, police recovered 1.960 Kg. poppy straw from the vehicle. It is in that background, the vehicle in question was seized. Though registered owner of the vehicle is Smt. Pappu Kanwar but petitioner being driver of the vehicle carrying the contraband, he and one Veer Singh were also arrayed as accused persons. The registered owner, thereafter, executed a power of attorney in favour of the petitioner for seeking release of the vehicle. On the strength of power of attorney, petitioner applied for release of vehicle before the learned trial Court by laying application under Section 457 Cr.P.C. but the learned trial Court declined the prayer of petitioner by citing the reason that registration certificate, insurance papers and original power of attorney were not produced. Besides that, leaned trial court has also observed that the vehicle is liable to be confiscated under Section 60(3) of the NDPS Act.

(3.) Learned counsel for the petitioner has produced original power of attorney before this Court for perusal besides the copy of registration certificate of vehicle in the name of Smt. Pappu Kanwar.