VIJAY DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pramod Kumar Choudhary, learned counsel for the petitioner and Mr. Ravi Prakash, learned S.P.P. for the State.

(2.) This petition has been filed for quashing the order dtd. 9/8/2021 passed in M.C.A. No.193/2021 by the learned Sessions Judge, Ramgarh arising out of Ramgarh P.S. Case No.376/2020 and N.D.P.S. Case No.04 of 2021, pending in the court of the learned Sessions Judge, Ramgarh, whereby, the petition filed for release of motorcycle bearing No. JH-02AE- 5507 has been rejected.

(3.) The case of the prosecution is that the aforesaid motorcycle has been seized on 18/11/2020 by Ramgarh police in connection with Ramgarh P.S. Case No.376/2020, registered under Sec. 18, 22 and 25 of N.D.P.S. Act against the petitioner and five others. In the F.I.R., it has been alleged that on 18/11/2020, the informant Sonu Kumar Sahu, Sub-Inspector of Police, Ramgarh got secret information that one person with a woman had come to Ramgarh for selling opium. On the said information, a raid was conducted by the informant party near the old Bridge Nai Sarai and one woman and five men were spotted sitting there and two motorcycles were also seen standing there. It has been further alleged that on seeing the police team all of them started fleeing away, but one woman and two men were apprehended while the three others managed to flee away. The woman disclosed her name as Sunita Devi and other two persons disclosed their name as Pintu Kumar Mahto and Md. Javed @ Manjar Safi, who had come to purchase the opium. Javed disclosed the name of the one of person who had fled away as Md. Nasim, whereas Pintu Kumar Mahto disclosed the names of his companion as Vijay Kumar Dangi, the petitioner, who is the husband of Sunita Devi and the other one as Mithlesh Kumar. It has been further alleged that on search, one red coloured bag was recovered from the dicky of the motorcycle bearing registration no. JH02-AE-5507 and the said bag was containing opium weighing around 2.050 Kg. Hence, the FIR has been lodged.