Shakir Akhtar S/o Late Shameem Akhtar vs Union of India through the Narcotic Control Bureau

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 454

ANSHUMAN
Shakir Akhtar S/o Late Shameem Akhtar – Appellant
Versus
Union of India through the Narcotic Control Bureau – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.B. Ojha, Senior Advocate, Mr. Nitesh Kumar, Advocate, Mr. Sumit Kumar, Advocate.
For the Respondent:Mr. K.N.Singh, Senior Advocate, Mr. Shyam Bihari Singh, Advocate. For the State:Mr. Vikash Kumar, Advocate.

JUDGMENT :

Counter affidavit has been filed by the learned counsel for the State in the Court itself, which is kept on record.

2. In the present criminal writ application preferred under Articles 226 and 227 of the Constitution of India the petitioner has sought for quashing of the order dated 09.04.2021 passed by the learned Special Judge, NDPS Act., Purnea, in Special Case No.12 of 2020/CIS No. 12 of 2020 (NDPS Act.) whereby the petitioner’s petition for release of his Tata Indigo Car bearing Registration No. BR-38H-2618, Chasis No. MAT6007341EPC08953 and Engine No. 475IDT14CVYP14326 seized in connection with the aforesaid case has been rejected.

3. Special Case No.12 of 2020/CIS No. 12 of 2020 (NDPS Act.) was registered on 26.06.2020 on the basis of written complaint made by Excise Inspector, Prunea.

4. The prosecution case, in brief, is that informant is Excise Inspector, Purnea. On 26.6.2020 during vehicle checking at Barsauni Toll Plaza, informant saw that one Tata Indigo car bearing Registration No. BR-38H/2618 was coming towards Purnea and after seeing the police personnel, the driver made U-turn and flee away towards Dagarua. On suspicion, Informant and other police personnel