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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE ASHUTOSH KUMAR, J
Jagphool Meena @ Jaggu Son of Prabhu Dayal Meena – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. This criminal revision petition has been filed against the order dated 12.05.2023 passed by the Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Jaipur, Metropolitan-I (hereinafter referred to as the 'trial Court') by which the learned trial Court has dismissed the application filed by the petitioner under Section 451 read with Section 457 of Cr.P.C for release of the vehicle No. RJ-14-TB-3083 which has been seized by Police Station Adarsh Nagar, Jaipur City (East) in FIR No.70/2023 in connection with the offence punishable under Section 8/22 of Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Learned counsel for the petitioner submits that the registered owner of seized vehicle is Ramesh Chand Meena, who has sold this vehicle to the present petitioner by way of agreement to sell. The vehicle has been seized from the possession of the present petitioner and there is no one else to claim the vehicle. He further submits that the so called contraband was recovered from the petitioner and not from the seized vehicle. The vehicle was seized on 09.02.2023 since then the vehicle is lying idle in the police station and is being deteriorated.
3. Relying on th
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A seized vehicle under the Narcotic Drugs and Psychotropic Substances Act, 1985 can be released in favor of its registered owner, even if the owner is an accused, if no order of confiscation has been....
A vehicle seized under the NDPS Act can be released to the registered owner if no confiscation order has been made.
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