Shivpratap vs State of Rajasthan - 2023 Supreme(Raj) 1932

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1932

MADAN GOPAL VYAS
Shivpratap – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashok Bishnoi
For the Respondent: Mr. Gaurav Singh, PP

ORDER :

Madan Gopal Vyas, J.

The petitioner has preferred this criminal revision petition under Section 397 /401 Cr.P.C against the order dated 17.12.2022 passed by learned Addl. Sessions Judge, Phalodi, District Jodhpur in Cr. Misc. Case No.596/2022 pertaining to FIR No. 48/2021 registered at Police Station Chakhu, District Jodhpur for the offences under Sections 8 /15, 25 and 29 of the N.D.P.S. Act & 332, 353, 307 of IPC whereby the prayer to release the seized Bolero Pickup bearing No.RJ-15-GA-7308(hereinafter referred to as the vehicle in question) on supurdaginama in favour of the petitioner, has been rejected.

2. As per prosecution story, 920 kgs poppy straw without having any license or permit was recovered from the said vehicle in question. After investigation, the police found that petitioner was the 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 vehicle in question on the ground of severity of offence and on the ground that narcotic substance was recovered from possession of the petitioner.

4. Heard learned counsel for the parties and perused the material available o

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