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2022 Supreme(Raj) 76

MADAN GOPAL VYAS
Raju Lal Gadri S/o Gopi Lal Gadri – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sobha Prabhakar.
For the Respondent: Sudheer Tak.

JUDGMENT :

MADAN GOPAL VYAS, J.

1. The petitioner has preferred this criminal revision petition under Section 397/401 Cr.P.C. against the order dated 30.11.2021 passed by learned Special Judge, NDPS Act Cases, Bhilwara in Cr. Case No. 56/2021 pertaining to FIR No. 60/2021 registered at Police Station Mangrop, District Bhilwara for the offences under Sections 8/18 of the N.D.P.S. Act, whereby the prayer to release the seized Maruti Alto Car bearing No. RJ-06-CE-0562 on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, 400 grams opium without having any license or permit was recovered from the said car. After investigation, the police found that petitioner was owner of the said vehicle.

3. The trial court has rejected the application filed under Section 451 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 submits that the petiti

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