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2022 Supreme(Raj) 1464

DINESH MEHTA
Gaurav Dureja – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
S.R. Godara, Advocate., for the Appellant
Anita Gehlot, P.P., for the Respondents

JUDGMENT

Dinesh Mehta, J. - By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "The Code") the petitioner has challenged order dated 19.04.2022, passed by learned Additional Sessions Judge, Gharsana, District Sri Ganganagar, whereby, petitioner's application under Section 457 of the Code for release of his motorcycle (Hero HF Deluxe, Registration No. RJ 13 SR 2902) has been rejected.

2. It is contended by the petitioner that after investigation, the Investigating Officer has filed the charge-sheet, however, the petitioner has not been named as accused in this case.

3. Learned counsel submits that the vehicle in question was stolen from him on 07.09.2021 for which he got a theft report registered as daily diary report No. 633/17.09.2021 in Police Station Sri Vijanagar and the contraband substance was recovered from such vehicle on 13.11.2021.

4. Heard and perused the record.

5. A perusal of the impugned order dated 19.04.2022, reveals that the Court below has rejected petitioner's application for releasing the vehicle essentially in the face of provisions contained in Section 60 of the NDPS Act.

6. Before delving into the a

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