Narayan vs State - 2021 Supreme(Raj) 2327

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2327

MANOJ KUMAR GARG
Narayan – Appellant
Versus
State – Respondent

Advocates appeared:
Mr. Bhanwaru Ram, for the Appellant; Mr. S.S. Rajpurohit, P.P., for the Respondent.

JUDGMENT

1. Petitioner has filed this criminal revision petition under Section 397 read with Section 401 Cr.P.C. to assail the impugned judgment dated 22.04.2021 passed by Learned Special Judge, NDPS Cases No.l, Chittorgarh (for short, 'learned trial Court') whereby the learned trial Court rejected the application under Section 451 Cr.P.C, moved by the petitioner for releasing the Swift Car bearing No. RJ-06-CD-7006, Chesis NO.MBHCZC035KE411166, Engine NO.D1313509252.

2. I have heard learned counsel for the petitioner and learned Public Prosecutor for the respondent-State.

3. Learned counsel for the petitioner, in support of his arguments, has placed reliance on a decision of the co-ordinate Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs. State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507. In the aforesaid judgment, the vehicle and other articles were seized from the accused for carrying contraband of small quantity just above the commercial quantity. It is in this background, that the Court has acceded to the prayer of the incumbent and recorded its finding that solely for the reason that the vehicle and other articles are likely to be confiscated after trial,

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