GOGRE KRISHNA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 Cr.P.C. questioning the order, dated 06.11.2019 passed in Crl.M.P.No.884 of 2019 in Cr.No.199 of 2019 by the I Additional District and Sessions Judge, Nalgonda.

(2.) The case of the prosecution is that on 17.07.2019 at 20.30 hours, while the Sub-Inspector of Police along with his staff were conducting vehicle check near N-Grill Hotel, Peddkaparthy on NH 65 road, they stopped a Maruthi Swift VDI car bearing No.TS-05-EG5599 on suspicion and found two persons in the car and on search, they found 2 Kgs of ganja packets in a cover, and on enquiry, they revealed that they used to purchase dry ganja from unknown persons and sell the same to needy persons on higher rate. The police seized the said ganja along with the car and registered a case in Crime No.199 of 2019 on the file of Chityal Police Station, Nalgonda District, for the offence under Section 20(b)(ii)(A) of NDPS Act, 1985, against the petitioner/A1 and another. While so, the petitioner claiming to be the owner of said car, filed Crl.M.P.No.884 of 2019 before the I Additional District and Sessions Judge, Nalgonda, seeking to return the same for interim custody. By an order, dated 06.11.2019, the learned Sessions Judge rejected the application. Challenging the same the present revision is filed.

(3.) Learned counsel for the petitioner submits that there is every possibility of the vehicle getting damaged, if it is kept exposed to air, sun and rain at the Court premises and hence, he seeks for interim custody of the vehicle.