JUDGMENT :

1. By moving this application under section 482 Cr.P.C. the applicants seek to invoke the inherent jurisdiction of this court to quash the order dated 24.3.2022 in criminal misc. case no. 44 of 2022, State Vs.Pawan Kumar and others, arising out of case crime no. 91 of 2021 under section 8/21 NDPS Act, police station Ghoorpur District Allahabad. A further prayer is made to release three wheeler vehicle no. UP-65-TD-9967 in favour of the applicant relating to the above mentioned case.

2. Heard learned counsel for the applicant, learned A.G.A. and perused the record.

3. Learned counsel for the applicant submits that the FIR was lodged against six named accused persons under section 8/21 NDPS Act on 11.3.2021 with the allegation that in three wheeler vehicle no. U.P.-65-TD-9967 four accused persons Pawan, Kuldeep Kumar, Mohd. Nasir and Sonu @ Mohd. Hasim were apprehended by the police with 49 boxes, total 5807 bottles of onerex cc cough syrup, without any bill and voucher, being transported from New Vridhi Farma Saptnagar Madagin, Varanasi to M/s Shyam medical store Gauhaniya Riva Road Jasra Prayagraj.

4. It is argued that each bottle contained 10 ml. codine phosphate. The total codine phosphate quantity could be said to be 580.7 g. which is much less than the commercial quantity of 1 kg. The applicant was neither apprehended by the police on the spot in possession of any material relating to NDPS Act, nor the material was being supplied by him or it was for him. He is just the owner of the three wheeler no. U.P.-65-TD-9967 with all valid documents. He has been falsely implicated in the present case. He is an innocent, law abiding and peace loving person, having no criminal history. The applicant moved his release application before the trial court, which was dismissed vide order dated 24.3.2022.

5. His vehicle is parked at the premises of police station since 11.3.2021. He has complete documents of the vehicle. GST invoice and account statement of the syrup recovered are also annexed with the paper book. It is alleged by the police that no receipt was shown regarding the medicine recovered, whereas the police concerned did not consider the receipt of the medicines at the time of recovery.

6. Learned A.G.A. opposed the application and submitted that the bill placed before the court does not bear signature of any person. In the recovered syrup the quantity of codine was 580.7 kg. which is much higher than the permitted commercial quantity of 1 kg. The applicant is the vehicle owner, he is responsible for the things supplied in his vehicle, unless he proves otherwise. It is for him to establish prima facie that his vehicle was being used for transportation of the contraband substance without his knowledge.

7. From the perusal of the record, it is found that from three wheeler of the applicant, the police had recovered 5807 bottles, each bottle containing 100 ml. onerex cough syrup on the spot. The person on the three wheeler could not show the bill and voucher of this cough syrup. Each bottle of cough syrup contained 10 ml codine phosphate and thus, total 58.07 kg codine phosphate was found wherein its permissible commercial quantity is 1 kg. Admittedly, the applicant was not apprehended by the police on the spot. He is said to be the owner of the vehicle, wherein this contraband substance is said to have recovered. The prayer is made to release vehicle no. UP 65-TD-9967. His release application before the trial court is said to have been rejected on 24.3.2022.

8. The trial court found that as the contraband was recovered from the vehicle of the applicant, so it is the presumption that the applicant had the knowledge of transportation of this contraband substance, unless he proves otherwise. Admittedly, the driver of the three wheeler vehicle has been granted bail.

9. The provision regarding the release of the vehicle in NDPS Act 1985 are sections 52-A, 53, 60 and 63. Section 63 of NDPS Act runs as under :

63. Procedure in making c