Back
ANIL KUMAR SINHA
Sukh Sagar Kumar – Appellant
Versus
State of Bihar – Respondent
Anil Kumar Sinha, J. – The present writ application has been filed for setting aside the order dated 06.09.2022, passed by the learned 1st Additional Sessions Judge, Begusarai, in NDPS Case No. 30/2021, arising out of Sahebpur Kamal Police Station Case No. 288 of 2021, dated 03.12.2021, registered for the offences punishable under Sections 414/120-B of the Indian Penal Code, Sections 8(c)/21(c)/25/35 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and Sections 25(1-b)a/26/35 of the Arms Act, whereby the learned 1st Additional Sessions Judge, Begusarai, has rejected the prayer of the petitioner for release of TATA Tigor car, bearing Registration No. BR 09 AJ/0706, in his favour, which was seized in connection with Sahebpur Kamal Police Station Case No. 288 of 2021. The petitioner has further prayed for a direction to the District Court to release the car, in question, in his favour.
2. The brief facts, giving rise to the present writ application, is that the car of the petitioner, bearing Registration No. BR 09 AJ/0706, was parked outside the house of the FIRnamed accused and on search being made, 385 gms. of brown sugar was recovered from the said car. It has been alleg
An owner claiming innocence can request release of a seized vehicle under NDPS Act, provided they prove lack of knowledge about its illegal use, subject to security conditions.
The court emphasized the prompt and judicious exercise of powers under Section 60 of the NDPS Act, 1985, and Sections 451 and 457 of the Code of Criminal Procedure, 1973, to ensure the proper custody....
A registered owner of a vehicle seized in connection with a narcotics offence, who is not an accused, is entitled to interim custody of the vehicle, subject to meeting certain conditions to ensure co....
Confiscation of vehicles under the NDPS Act must follow the prescribed procedural safeguards; failure to provide a hearing renders the order illegal.
Property seized in criminal proceedings should not be allowed to deteriorate in police or court custody; Magistrates must exercise discretionary power to release such property to the rightful owner p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
