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ANIL KUMAR SINHA
Janardan Yadav son of Late Binu Yadav @ Binod Yadav – Appellant
Versus
Union of India Through its Sr. Intelligence Officer – Respondent
JUDGMENT :
The present revision application has been filed against the order, dated 08.08.2019, passed, by the learned 14th dditional Sessions Judge, Patna, in Special Case No. 84 of 2018, arising out of Mokama Police Station Case No. 205 of 2018, dated 01.08.2018, registered for the offence punishable under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, whereby the learned 14th Additional Sessions Judge, Patna, has rejected the prayer of the petitioner for releasing his Hero Splendor Plus motorcycle, having no registration number at the time of seizure, but later on, he got registration number, i.e. BR 09AA/1487, in favour of the petitioner pending trial or confiscation proceeding.
2. The brief facts, giving rise to the present revision application, is that on the basis of written report submitted by Md. Kaisar Alam, Inspector and Station House Officer of Mokama Police Station, Mokama Police Station Case No. 205 of 2018 was registered, stating therein that while he, along with other police personnel, were going towards Begusarai and on the way, they overtook one Bolero vehicle, bearing Registration No. BR-09G/4762 and thereafter the driver of the said ca
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....
The Special Court under the NDPS Act can grant interim custody of seized vehicles, provided the owner proves non-involvement in the offence, despite potential confiscation.
The court established that while the statutory burden on the owner to save the seized conveyance from confiscation had not been discharged, the release on superdari of the impounded vehicle was maint....
When ownership of a seized vehicle is not in dispute, the court should exercise its powers under S. 497 and S. 503 BNSS to release the vehicle on conditions to prevent it from decaying in custody, ra....
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