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2011 Supreme(Raj) 2105

R.S.CHAUHAN
Anjum Ali – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Avinash Acharya, Advocate.
For the State: Anil Upadhyay, Public Prosecutor.

JUDGMENT

1. - Being aggrieved with the order dated 11.3.2011 passed by the learned Special Judge, N.D.P.S. Cases, jodhpur, whereby the learned Judge has rejected the application filed by the petitioner under Section 457 Cr.P.C., for releasing of Honda CRV, the petitioner has approached this Court.

2. The brief facts of the case are that the petitioner is a power of attorney holder of Ms. Arshiya Sultan. Ms. Arshiya Sultan is the partner of Indian Broiler Farm. Since the visit of the partner were frequent, the said vehicle was given to one Mr. Vikas Datatray Naik. Mr. Vikas Naik parked the vehicle - Honda CRV bearing No. M.H./31, C.N.1115 outside his house. In the night of 17.9.2010, the said vehicle was stolen. Therefore, a F.I.R. was lodged at Versova Police Station Mumbai, registered as F.I.R No. 304/2010. On 10.10.2010 Police found one Honda CRV carrying illegal Doda post (Polly Straw) and opium in an abandoned condition at Bhagat Ki Kothi, Railway Station, Jodhpur. Thereafter a F.I.R No. 68/2010 was registered on 10.10.2010 at Police Station - G.R.P. (N.R) Jodhpur under Sections 8/18, 8/15 of N.D.P.S. Act, 1985 and under Section 3/25 of the Arm Act against unknown persons. In th













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