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2022 Supreme(Kar) 745

M. NAGAPRASANNA
Rathnamma – Appellant
Versus
State Represented By Psi, Channagiri Police Station – Respondent


Advocates appeared:
Senior Advocate, Sandesh J. Chouta for Advocate, Sunil Kumar S. Senior Advocate, P.P. Hegde, for Advocate, Rajeshwari M. Advocate, Maskoor Hashmi M.D. Advocate, K.V. Satishchandra, Advocate, for Gopal K. B, for the Appellant; Special PP V.S. Hegde, a/w Advocate, K.P. Yashoda, for the Respondent.

ORDER

I. Brief facts of the case

Criminal Revision Petition No.623/2020 is arising out of the order passed by the trial Court dated 14.1.2020 rejecting the application filed by the petitioner under Section 451 r/w Section 457 of the Code of Criminal Procedure for release of the vehicle belonging to him, which was seized for the offence punishable under the provisions of Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). The learned Single Judge of this Court by the order dated 12.11.2020, has allowed the Criminal Revision Petition and set aside the order dated 14.1.2020 and directed the trial Court to release the seized vehicle to the interim custody of the petitioner on obtaining indemnity bond and two sureties and in accordance with law.

2. Subsequently another learned Single Judge of this Court in the case of Zubaida -vs- State of Intelligence Officer, NCB in Criminal Petition No.4792/2020 by the order dated 24.11.2020 has taken a different view holding that in view of the amended provisions of 52A of the NDPS Act, The Magistrate or Special Court has no jurisdiction to consider an application under Section 451, 452 or 457 of the Code o

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