Kapur Ganjhu VS State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANIL KUMAR CHOUDHARY
Kapur Ganjhu – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Anupam Anand, Advocate
For the State: Mr. V.K. Vashistha, Spl. P.P.

Judgement Key Points

What is the propriety of releasing seized property (motorcycle) under Section 451 CrPC without a police station certificate or FIL/FS report being complete?

JUDGMENT

By the Court:—

Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for setting aside the order dated 28.02.2022 passed by the learned Sessions Judge-cum-Special Judge (NDPS), Chatra in Miscellaneous Criminal Application No.1256 of 2021 arising out of Bashistanagar P.S. Case No.58 of 2021, corresponding to N.D.P.S. Case No. 192 of 2021 whereby and where under, the learned Sessions Judge-cum-Special Judge (NDPS), Chatra has rejected the prayer of the petitioner for release of the Honda Shine Motorcycle bearing registration no. JH-13E-5720 which was seized in connection with the said case.

3. The brief fact of the case is that the police on secret information came to know that the accused persons of the case are travelling in a motorcycle loaded with opium; established an ambush. On seeing the seized motorcycle, police stopped it. The three riders of the motorcycles on seeing the police team parked the motorcycles and fled away. The two motorcycles were apprehended by police with two sacks of opium loaded upon the same and also the four accused persons of the case.

4. The lear