IMPORTANT POINT
The court allowed the petition for the release of seized goods, emphasizing the petitioner's non-involvement in the crime and the perishable nature of the goods.

ORDER :

1. The petitioner has preferred this misc. petition under Section 482 Cr.P.C. challenging the order dated 23.10.2029 passed in misc. application No. 382/2019 by learned Special Judge (NDPS Act Cases) and Addl. Sessions Judge No. 1, Beawar arising out of FIR No. 73/2019 PS Vijay Nagar, Ajmer for offence under Section 8/15 of the NDPS Act whereby the application of the petitioner for releasing the goods/articles (paper scrap) which were being transported in Truck No. PB 13 AR 9773 and seized by the police in connection with the aforesaid FIR, has been rejected.

2. Learned counsel for the petitioner submits that on 05.03.2019, an FIR No. 73/2019 was registered at Police Station Vijay Nagar, Ajmer for offence under Section 8/15 of NDPS Act in connection with recovery of contraband opium dodapost chura (powder) from truck No. PB 13 AR 9773. Learned counsel submits that the petitioner engaged Satpal Transport Company for consigning his goods and his goods were also being transported in the said truck. During investigation, the police also seized the goods (paper scrap) of the petitioner lying in the truck at that time. The petitioner moved an application for releasing the aforesaid goods before the learned trial court. However, the learned trial court rejected the application vide order dated 23.10.2019.

3. Learned counsel for the petitioner submits that the petitioner has nothing to do with the contraband allegedly recovered from the said truck. He further submits that charge sheet has been filed in the matter and the petitioner has not been found involved in commission of the alleged crime in any manner and now, there is no requirement of the aforesaid goods/articles of the petitioner. He further submits that the petitioner is ready to comply with the procedure defined under the NDPS Act for making inventory of the case property, if necessary so that same will be treated as primary evidence in the absence of or disposal of the case property during trial. He also submits that if the aforesaid articles of the petitioner would not be released, they would be of no use. He thus, prays that the paper scrap seized by the police from the truck in connection with the FIR may be released on supurdagi. He has placed reliance on the judgment passed in the case of Sunderbhai Ambalal Desai v. State of Gujarat, reported in AIR 2003 SC 638.

4. Learned Public Prosecutor has vehemently opposed the misc. petition. However, he concedes the fact that after completion of investigation, the police has filed charge sheet only against the accused Jagsir S/o Shri. Mahendra Singh, Jagsir S/o Shri. Darshan Singh and Harpal Singh for offences under Sections 8/15 and 8/25 of the NDPS Act and the petitioner is not found involved in the instant case.

5. I have heard and considered the submissions advanced at bar and have gone through the material available on record.

6. After having heard and considered the submissions advanced at bar and having gone through the material available on record, especially the fact after completion of investigation, police has filed chargesheet only against the accused Jagsir S/o Shri. Mahendra Singh, Jagsir S/o Shri. Darshan Singh and Harpal Singh for offences under Sections 8/15 and 8/25 of the NDPS Act and during investigation, the petitioner has not been found involved in the instant case as also considering the perishable nature of the goods of the petitioner and keeping in view the observations made in the case of Sunderbhai Ambalal Desai (supra), the instant misc. petition is allowed. The order dated 23.10.2029 is quashed and set aside. The aforesaid articles seized in connection with the FIR No. 73/2019 PS Vijay Nagar shall be released in favour of the petitioner on supurdagi provided he furnishes a Supurdaginama to the tune of the bill amount of the goods releasing on supurdagi, and one surety of like amount to the satisfaction of the Magistrate concerned after getting prepared list and inventory etc. from the IO concerne