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MAHABIR SINGH SINDHU
Damini Sharma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual basis for motorcycle release (Para 1 , 2 , 3) |
| 2. arguments on ownership and potential misuse (Para 4 , 5) |
| 3. court's reasoning against trial court's decision (Para 6 , 7 , 8 , 9 , 10) |
| 4. legal precedents on vehicle release under ndps act (Para 11 , 12) |
| 5. final conclusion: order set aside and remitted back (Para 13 , 14 , 15 , 16) |
Judgment
Mr. Mahabir Singh Sindhu, J.
CRM-39830-2023
Application for condonation of 334 days’ delay in filing the revision petition.
Notice of the application to the non-applicant/respondent.
On asking of the Court, Mr. Ashok S. Chaudhry, Addl. A.G., Haryana accepts notice on behalf of the non-applicant/respondent and raises no objection.
In view of the above and for the reasons mentioned in the application, the same is allowed subject to all just exceptions. Delay of 334 days in filing the revision petition is condoned.
MAIN CASE
1. Present petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for setting aside the impugned order dated 21.07.2022, passed by learned Additional Sessions Judge, Kurukshetra (for short ‘trial Court’), whereby an application of the petitioner for releasing
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