HADMAN RAM DHAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision petition has been filed by the owner of the vehicle against the order of learned Sessions Judge, Bikaner dated 9.1.2009 by which he has declined to release the vehicle bearing engine No. GA-84-D24602 and chasis No. 82-D-28758 to the petitioner.

(3.) The brief facts of the case for the disposal of this revision are that from the perusal of record it reveals that on the basis of reliable information search was conducted on 24.5.2009 by SHO, JNVC, Bikaner of the house of one Mangi Lal Bishnoi situated at Vyas Colony, Bikaner and it is further alleged that opium weighing 245 Gms. was found from his pocket and doda post chura weighing 58.5 Kgs. was also recovered. On the basis of recovery of contraband items, case No. 107/2008 was registered. During investigation one more accused, Pradeep, was found involved. At his instance, the concerned vehicle was recovered. It is alleged that contraband items were being transported by that vehicle. The concerned police, after formal investigation, filed challan against both the accused persons Mangi Lal and Pradeep under Sections 8/15, 8/18 and 8/29 of N.D.P.S. Act. It further reveals that the learned Sessions Judge, while hearing the submissions at the stage of charge, vide order dated 9.2.2009 did not find the involvement of the accused Pradeep. Therefore, vide the said order he discharged the accused from the charges levelled against him. Before the learned Sessions Judge, an application was moved by the registered owner of the vehicle, stating therein that he is not concerned with the alleged contraband item neither he has been charge-sheeted, nor he is an accused in the said case. He has purchased the vehicle, the said vehicle is not involved in this case and the vehicle recovered from Pradeep has also been discharged. Therefore, a request was made to release the vehicle. But the learned Sessions Judge, vide order dated 9.1.2009 refused to release the vehicle. Against that the present revision has been filed. Notice of this revision was given and arguments were heard.