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2021 Supreme(J&K) 601

RAJNESH OSWAL
Balraj Singh – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner: Jagpal Singh.
For the Respondent: Adarsh Bhagat.

JUDGMENT :

1. The present petition has been filed by the petitioner under section 482 Cr.P.C. for quashing of order dated 15.05.2021 passed by the learned Sessions Judge, Samba (hereinafter to be referred as the trial court) to the extent of imposing condition of furnishing bank guarantee of Rs. 2.00 lacs for release of vehicle bearing registration number PB11CJ-2204.

2. It is stated that the petitioner is the registered owner of the vehicle in question and a false and frivolous FIR bearing No. 4/2021 under sections 8 and 15 of the NDPS Act was registered against the petitioner by the respondent and the petitioner was arrested in connected with aforesaid FIR. It is further submitted that the vehicle in question is the only source of livelihood of the petitioner and after the seizure of the said truck (vehicle), the petitioner is at the verge of starvation and it is quite impossible for the petitioner to furnish a bank guarantee of Rs. 2.00 lacs.

3. It is further stated that that the petitioner is the registered owner of the said vehicle and had approached the court of learned Sessions Judge, Samba for release of the same on 19.04.2021. The learned trial court vide order dated 15.05.20

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