(1.) PETITIONER is the Registered Owner of TATA Truck Number WB -73B/5152. The said truck was seized by Melli Police on 31.05.2015 in connection with FIR No. 11/2015, registered U/Ss. 9(b) & (d) and 14 of the Sikkim Anti Drugs Act, 2006 (SADA, 2006) and S. 19 of the Sikkim Trade Licence Act, 1985.
(2.) ACCORDING to the Prosecution, cement was loaded in the said truck and it was in possession of the driver and cleaner, who were taking the cement to its destination. When the truck was checked, some controlled substances were found wrapped in a polythene bag which was kept in the driver's cabin. The details of controlled substances are as follows: -
(3.) THE Petitioner, registered Owner of the truck, after getting information about its seizure, filed an application u/s. 457 of the Cr.P.C., 1973 before Special Court, Sikkim Anti Drugs Act, 2006, South Sikkim at Namchi. This was registered as Criminal Miscellaneous Case No. 66 of 2015. The learned Special Court, after hearing the parties, allowed the said application on 29.09.2015 and directed that the aforesaid truck be released to the Petitioner on his making a payment of Rs. 1,00,000/ - as required by S. 9(d) of the SADA, 2006.