GURPAL SINGH JATSIKH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed by the petitioner being aggrieved with the order dated 22.09.2017 passed by the Special Judge, NDPS Cases No. 2, Chittorgarh (hereinafter to be referred as 'the trial court') in Criminal Misc. Case No. 95/2017, whereby it has rejected the application under Section 451 Cr.P.C., 1973 filed on behalf of the petitioner for releasing the vehicle Swift Car No.PB-12-X-4549 (hereinafter to be referred as 'the vehicle in question') on interim custody, which was seized in connection with the FIR No. 379/2015 of Police Station Sadar, District Nimbahera for the offence punishable under Sections 8/15 and 25 of the NDPS Act.

(2.) Learned counsel appearing for the petitioner has submitted that the trial court has erred in rejecting the application filed by the petitioner under Section 451 Cr.P.C., 1973 as the vehicle in question is lying unattended in the police station and if the same remains in the same condition for long time it will be damaged.

(3.) Learned counsel for the petitioner has placed reliance on decision of Hon'ble Supreme Court rendered in Sunderbhai Ambalal Desai v. State of Gujarat reported in 2003 Cr.L.R. (SC) 103 and submitted that the Hon'ble Supreme Court has held that if vehicle remains in police station for long period the same will be destroyed and in appropriate cases interim custody of the vehicle should be given to the person claiming for the same.