RATAN LAL JAAT Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition under Section 397 read with Section 401 Cr.P.C. to challenge order dated 6 th of December, 2017, passed by Special Judge, NDPS Act Cases No.1, Chittorgarh, rejecting his application under Section 451 Cr.P.C.

(2.) The facts in brief giving rise to this revision petition are that vehicle of petitioner, Jeep bearing No.RJ-09-UA-7885, was seized pursuant to investigation into FIR No.261/2017, registered at Police Station Sadar Nimbahera, for offence under Sections 8 / 15 & 25 of the NDPS Act. The main allegation against the petitioner is that his vehicle was escorting Scorpio No.RJ-27-UA-6926, which was carrying huge quantity of poppy straw weighing 4 quintals and 30 kgs on 13th of July, 2017. Considering involvement of the petitioner and his vehicle, in commission of serious offence, both the vehicles were seized by the police. At the behest of petitioner endeavor was made before learned trial Court for releasing the vehicle on Supardgi but by the order impugned same is declined.

(3.) It is argued by learned counsel for the petitioner that in fact nothing objectionable was recovered from vehicle and the only allegation against him is that he was escorting other vehicle carrying huge quantity of poppy straw, which was umpteen higher than commercial quantity. Learned counsel further submits that in absence of recovery, it would not be appropriate to keep the vehicle of petitioner idle and the petitioner undertakes to produce the same as and when required by the Court during appeal.