Jitendra Kumar, J. –

Introduction

The present revision petition has been preferred against the impugned order dated 30.10.2021 passed by learned 5th Additional Sessions Judge, Muzaffarpur, in N.DP.S. Case No. 97 of 2021, arising out of Ahiyapur P.S. Case No. 464 of 2021, whereby learned Court below has rejected the application of the petitioner for releasing the Pulsar 150 CC Motorcycle bearing Registration No. BR06BT-2837, Engine No. DHYRJD 26606, which was seized in connection with Ahiyapur P.S. Case No. 464 of 2021 registered on 16.07.2021 for offence punishable under Section 414 read with Section 34 of the Indian Penal Code and Section 8/20(b)(ii)(B) of N.D.P.S. Act.

Factual Background

2. As per the prosecution case, the informant/Police Officer along with other Police Personnel saw three accused persons viz. Keshav Kumar, Saurav Kumar and Rahul Kumar coming on two Motorcycles. But, on seeing the Police, they tried to flee away, but with the help of Police Personnel, they were apprehended. Keshav Kumar was riding the Motorcycle in question bearing Registration No. BR06BT-2837, Engine No. DHYRJD 26606, whereas co-accused Saurav Kumar and Rahul Kumar were riding another Motorcycle, but that Motorcycle was not bearing any Registration number. However, the Chassis number of that Motorcycle bears MD2A13EY6KCL11042, Engine No. DKYCKL-81583. On search, 60 sachets of Smack wrapped in white paper were recovered from the pocket of the pant which accused Keshav Kumar was wearing, besides one Mobile. 45 sachets of Smack were also recovered from the person of the co-accused Saurav Kumar and 35 sachets of Smack from the person of the co-accused Rahul Kumar. Both the Motorcycles were also seized including one which is subject matter of this case. On the basis of the search and seizure, the FIR was lodged on 16.07.2021 bearing Ahiyapur P.S. Case No. 464 of 2021 against Keshav Kumar, Saurav Kumar and Rahul Kumar leading to registration of NDPS Case No. 97 of 2021 in the Special Court of NDPS Act.

3. The petitioner herein/Sheelu Jha moved an application before the Special Court, NDPS, under Section 457 Cr.PC to release the vehicle. However, the same was rejected by learned Special Court, by the impugned order, holding as follows: –

“From the records of the case, it appears that the Pulsor 150 CC motorcycle Regn. No. BR06BT-2837, Engine No. DHYRJD 26606 has been seized in connection with Ahiyapur P.S. Case no. 464/2021 dated 16.07.2021 U/s 414/34 of I.P.C. and U/s 8/20(b)(ii)(B) ND.P.S. Act. Keshav Kumar S/o Vijay Jha has been apprehended with the said motorcycle when he was trying to escape and from him 60 sachet of smack has been recovered

Reports have been called from D.T.O., concerned P.S. and D.M. Muzaffarpur in this regard. From the report of D.TO. it appears that the motorcycle bearing registration No. BR06BT-2837 has been registered in name of Sheelu Jha W/o Vijay Jha, having chasis No. MD2411CY9JRD01756, Engine No. DHYRJD266606. Same and similar report has also been submitted from the concerned P.S. By letter No. 2716 dated 14.09.2021. It has been communicated by the office of Collector, Muzaffarpur that proposal of forfeiture of aforesaid motorcycle BR06BT-2837 has yet not received by him from S.S.P, Muzaffarpur/concerned P.S.

It has not been disclosed by the petitioner about the source of income by which the motorcycle in question has been purchased. It appears from the FIR that it was being used as conveyance in dealing with smack.

Considering the aforesaid facts, 1 am not inclined to release the motorcycle Regn. No. BR06BT- 2837. Hence, petition dated 02.08.2021 preferred by Smt. Sheelu Jha stands rejected.”

4. I heard learned counsel for the petitioner and learned APP for the State.

Submissions on behalf of the Petitioner

5. Learned counsel for the petitioner submits that the petitioner is innocent and no way involved in the alleged offence. She is not even accused in the case. He further submits that in the alleged facts and circumstanc