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2022 Supreme(Raj) 52

VINOD KUMAR BHARWANI
Udai Nath @ Uda Yogi S/o. Suva Nath Yogi – Appellant
Versus
State of Rajasthan, Through PP – Respondent


Advocates Appeared:
For the Appellant : Jitendra Ojha.
For the Respondents: Gaurav Singh, PP.

ORDER :

Vinod Kumar Bharwani, J.

1. The petitioner has preferred this criminal revision petition under Section 397/401 Cr.P.C. against the order dated 27.01.2022 passed by learned Special Judge, NDPS Act Cases, District Bhilwaraa in Criminal Revision No. 3/2022 pertaining to FIR No. 728/2021 registered at Police Station Pratapnagar, District Bhilwara for the offence under Section 8/20 of the N.D.P.S. Act, whereby the prayer to release the seized Tempo No. RJ06PA-4039 on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, 10 Kgs of 'Gaanja' without having any license or permit was recovered from the Tempo No. RJ06PA-4039. After investigation, the police found that petitioner was the owner of the said vehicle.

3. The trial court has rejected the application filed under Section 457 Cr.P.C. by the petitioner seeking interim custody of the subject vehicle on the ground of severity of offence and possessing the narcotic substance by the petitioner.

4. Heard learned counsel for the parties and perused the material available on record as well the order impugned.

5. Learned counsel for the petitioner while praying for interim custody of the subject vehicle s

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