SHIV RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition under Sec. 397 read with Sec. 401 Crimial P.C., 1973 to assail order dated 5th of Oct., 2017 passed by Special Judge, NDPS Cases, Bhilwara (for short, 'learned trial Court') rejecting his application under Sec. 451 Crimial P.C., 1973 for release of Bolero vehicle bearing No.RJ-06-UB- 1853.

(2.) The facts, in brief, giving rise to this revision petition are that SHO, Police Station Sadar, Bhilwara, while on patrolling duty, intercepted vehicle having registration No.RJ-06-UB-1853 and upon inquiry, it was revealed that the said vehicle was carrying poppy straw weighing 38 Kgs. Thereupon, FIR No.136/2017 was registered and vehicle was seized from possession of Krishan Gopal. Subsequently, charge-sheet in the matter is filed and presently trial is progressing in Sessions Case No.57/2017 before the learned trial Court. Being registered owner of the vehicle, petitioner was also named as one of the accused.

(3.) On behalf of petitioner an application under Sec. 451 Crimial P.C., 1973 is filed for release of the vehicle but same is declined by the impugned order precisely by citing the reason that offence is of serious nature under Sec. 8/15, 8/25 of the Act and further the vehicle is liable to be confiscated under Sec. 60(3) of the NDPS Act.