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2022 Supreme(Raj) 2441

VINOD KUMAR BHARWANI
Kalu Khan – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Sunil Bishnoi, for the Appellant
Mr. Gaurav Singh, Pp Mr. K.C. Choudhary, for the Respondent.

ORDER

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 Additional Judge, Gharsana, District Sriganganagar in Criminal Misc. Case No.17/2021 pertaining to FIR No.328/2021 registered at Police Station Gharsana, District Sriganganagar. for the offences under Sections 8/15 and 25 of the N.D.P.S. Act, whereby the prayer to release the seized Swift Dezire Car No.RJ2CC-5633 on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, 25 Kgs of 'poppy straw' without having any license or permit was recovered from the seized Swift Dezire Car No.RJ2CC-5633 After investigation, the police found that Kalu Ram purchased the vehicle in question from respondent No.2 Zakir Hussain S/o Aamad Khan.

3. Learned Public Prosecutor also does not dispute the above fact.

4. 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.

5. Heard learned counsel for the parties and perused the material available on

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