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2021 Supreme(Pat) 1116

PRABHAT KUMAR SINGH
Nirmala Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Malay Kumar Choudhary.
For the Opp. Party : Mr. Pramod Kumar Pandey.

ORDER

This matter is taken up for consideration through Video Conferencing.

Heard both parties.

2. This petition has been filed for setting aside the order dated 20.03.2021 passed by the learned Sessions Judge, Muzaffarpur in Gaighat PS Case No. 396 of 2020 whereby the application filed by the petitioner for release of Scorpio vehicle bearing registration no. BR06PD4215 has been rejected.

3. The brief facts of the case are that Scorpio vehicle bearing registration no. BR06PD4215 was seized in connection with Gaighat PS Case No. 396 of 2020 while being used as conveyance for transporting narcotic substance.

4. It is contended on behalf of the petitioner that petitioner is bona fide owner of the Scorpio vehicle bearing registration no. BR06PD4215 which was seized by the police while being used as conveyance for transporting 5 Kg of Ganja on 29.11.2020 in connection with Gaighat PS Case No. 396 of 2020. Petitioner is not accused in the said case and it is submitted that without her knowledge and connivance her vehicle was used as conveyance for transporting narcotic drugs by the friends of her son. It is next contended that no useful purpose would be served by keeping such seized vehicle a

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