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ILESH J. VORA
Union Of India Through Intelligence Officer – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. The applicant Union of India – NCB, Ahmedabad Zonal Unit, has preferred this application under Article 226 read with Section 482 of the Cr.P.C., whereby, the Department has questioned the legality and correctness of the order dated 12.03.2021, passed in Cr.MA. No. 1759 of 2021, whereby, the learned Additional Sessions Judge, Ahmedabad, exercising, its discretion under Section 451 of the Cr.P.C., passed an interim order for custody of vehicle bearing Registration No. JK-13F-4922 in favour of the Private Respondent Gulam Rasool.
2. This Court has heard learned counsel Mr. Kartik Pandya, learned Standing Counsel appearing for and on behalf of the applicant, Mr. Aditya Bhatt, and Mr. Jay Mehta, learned State Counsel for the respective parties.
3. Brief facts giving rise to file present application are that, the vehicle in question No. JK-13F-4922 seized in connection with the offence being CR. No. NCB/AZU/CR.No.01/2021 for the offence punishable under Sections 8(c), 20(b)(ii)(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. According to case of the Narcotics Control Bureau, applicant herein that the Zonal Unit, Ahmedabad received a specific inf
The main legal point established in the judgment is that the trial court has the discretion to grant interim custody of a vehicle seized under the NDPS Act under Section 451 of the Cr.P.C., and there....
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The court ruled that provisions for interim custody under CrPC Sections 451 and 457 apply, despite NDPS Act confiscation risk, allowing for interim release of vehicles involved in drug-related offenc....
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