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MADAN GOPAL VYAS
Rakesh Kumar Bharti – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Madan Gopal Vyas, J.
The petitioner has preferred this criminal revision petition under Section 397 /401 Cr.P.C against the order dated 09.01.2023 passed by learned Special Judge NDPS Cases, Bikaner in Cr. Misc. Case No.236/2022 pertaining to FIR No. 98/2022 registered at Police Station Chhatargarh, District Bikaner for the offences under Sections 8 /15, 25 and 29 of the N.D.P.S. Act, whereby the prayer to release the seized Swift Dzire Car bearing No.HR-76-B- 6412 (hereinafter referred to as vehicle in question) on supurdaginama in favour of the petitioner, has been rejected.
2. As per prosecution story, 20kg poppy straw without having any license or permit was recovered from the said vehicle in question. After investigation, the police found that petitioner was owner of the said vehicle.
3. The trial court has rejected the application filed under Section 457 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 the possession of the petitioner.
4. Heard learned counsel for the parties and perused the material available on record as well the order impugned
Interim custody of a vehicle cannot be denied on the ground of severity of the offense, and the vehicle should not be permitted to remain parked in the police station as it may lose its value and usa....
Interim custody of a seized vehicle cannot be denied based on the severity of the offence or potential confiscation, and the vehicle should not remain parked in the police station for an indefinite p....
The main legal point established in the judgment is that interim custody of a seized vehicle cannot be denied based on the severity of the offence or potential confiscation, and the value and conditi....
Interim custody of a vehicle cannot be denied based on the severity of the offense, and the vehicle should not remain parked in the police station to avoid substantial diminishment in value.
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