The discretion available to the court under Section 451 of the Code of Criminal Procedure is a judicial one and must be exercised judiciously, not arbitrarily.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred against an order dated 07th May, 2018 passed by the Learned Judge Special Court under NDPS Act-cum- Additional Sessions Judge, 5th Court, Berhampore, Murshidabad in connection with NDPS Case No. 412/17 arising out of Suti Police Station case No. 657/17 dated 22.11.2017 under Sections 20(b)/21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, thereby rejecting the Petitioner’s prayer for interim custody of the vehicle seized in connection with the instant case.

2. The petitioner is a businessman by profession and also the registered owner of a Heavy Goods Vehicle made of Tata Motors, bearing Registration No. WB 57B 2757, since April, 2012. The said vehicle has National Permit as a Public Career, duly issued by the concerned authority of Regional Transport Authority, Murshidabad.

3. On or about 21st November, 2017, at about 21.05 hrs., the police personnel attached to Suti Police Station apprehended the said vehicle on NH 34 near Maa Manosa Hotel, Ajagar Para More, under Suti Police Station on the allegation that contrabands are being carried in the said vehicle. The police personnel of the said Police Station also apprehended two persons including the driver of the said vehicle. It is also alleged that upon search 34Kgs 500gms of Ganja was recovered from the cabin of the said vehicle for which the arrested accused persons could not give any plausible explanation.

4. Pursuant to alleged search and seizure and on the basis of Letter of Complainant lodged by the Subhrojyoti Chatterjee, Sub-Inspector of Police attached to Suti Police Station, the instant case being Suti Police Station Case No. 657 of 2017 dated 22.11.2017 was registered for investigation against two accused persons namely Arjun Sutradhar and Kalam Ali, for commission of the alleged offences punishable under Sections 20(b)/27(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner is not an accused in this case.

5. After completion of investigation in connection with the instant case, the investigating agency submitted Charge Sheet vide Charge Sheet No. 102/18 dated 30.03.2018 before the Learned Judge Special Court under NDPS Act-cum-Additional Sessions Judges, 5th Court, Berhampore, Murshidabad (hereinafter referred to as ‘the Learned Judge’) against the aforesaid two accused persons for commission of the alleged offences punishable under Sections 20(b)/21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Owner/Petitioner states that true and proper appreciation of the Charge Sheet as submitted in connection with the instant case would clearly indicate that in course of investigation nothing incriminating could be found against the owner/petitioner and as such he has not been arraigned as accused in connection with the instant case.

6. That since apprehension, the vehicle is lying at Suti Police Station in open space without any due protection and/or maintenance, which is making it vulnerable to natural decay. As the vehicle is lying idle at Suti Police Station since long, it has already suffered huge damage and if the same is not subjected to immediate repairs, it will succumb to its natural decay and become scrap.

7. At that juncture, because of unavoidable impediments/inconveniences, he through his attorney holder preferred an application thereby praying for interim custody of the said vehicle before the Learned Judge. The Learned Judge upon hearing the Learned Advocates appearing for the owner/petitioner vide an order dated 07th May, 2018 was pleased to turn down such prayer, with an observation that as the vehicle has been seized by the investigating officer of the instant case over an allegation of carrying ganja without valid license, as per Notification of Central Government vide No. GSR 339E dated 10.05.2017, the question of return/disposal of the said vehicle has to be decided by the Disposal Committee and the Lea